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February 22, 2023
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Minister of the Court orders the suspension of plan B in Coahuila and Edomex

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▲ Alberto Pérez Dayán in an image from December 9, 2022.Photo Jose Antonio Lopez

Eduardo Murillo

Newspaper La Jornada
Wednesday, February 22, 2023, p. eleven

Minister Alberto Pérez Dayán admitted for processing seven actions of unconstitutionality against the reforms to the General Law of Social Communication (LGCS) and General of Administrative Responsibilities (LGRA), considered as the first stage of the plan Band ordered that its application be suspended in the state of Mexico and Coahuila, where there will be elections this year, while the Supreme Court of Justice of the Nation (SCJN) does not resolve these trials on the merits.

Therefore, until a sentence is handed down in this means of constitutional control, the effects and consequences of the decree must be suspended so that it does not apply in the federative entities to which reference has been made; considering that the content of the claimed decree can be classified as a fundamental legal modification, because its objective, according to the legislative procedure, is to clarify the scope and content of various concepts, including government propagandaindicates the agreement of Minister Pérez Dayán.

The actions of unconstitutionality 29/2023, 30/2023, 31/2023, 37/2023, 38/2023, 43/2023 and 47/2023 were presented by opposition deputies and senators, as well as the national leaders of the National Action parties , Institutional Revolutionary, of the Democratic Revolution, Citizen Movement and Hagamos, local institution of Jalisco.

Pérez Dayán justified his decision by stating that Failure to grant the requested measure would irreparably affect the fundamental rights and democratic principles that are alleged to have been violated, thereby causing irreversible damage to the citizen’s right to revoke the mandate and all rights involved in electoral processes..

The legislators and complaining parties maintain that the reforms to these laws modify the concept of propaganda, allowing public servants to express their political opinions even in times of electoral campaigns.

The challenged reforms also reduce the public spending of states and municipalities in social communication, up to 0.1 percent, which the opposition considers puts them at a disadvantage.

The Electoral Tribunal of the Federal Judiciary (TEPJF) also analyzes a proposal on the subject, in which it estimates that the reform to the LGCS could not be applied in the next elections in Coahuila because it was issued within the previous 90 days. at the beginning of the local electoral process, which began on January 1st. However, it has not issued a final judgment in this regard either.

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