The day before, eight ministers of the SCJN agreed, initially, to accept for processing a consultation requested by judges against the decree by which the Constitution was reformed in matters of Judicial Power, with which it will subsequently be decided whether it is actually susceptible to reviewing the reform.
Three ministers argued that the SCJN lacks powers for this review, these were ministers Yasmín Esquivel, Lenia Batres and Loretta Ortiz.
Today, a few hours after the majority decision of the SCJN, Gutiérrez Luna proposed modifying article 11 of the Organic Law of the Judicial Branch of the Federation to “reaffirm that the controversies that this jurisdictional body must resolve are those that arise within or within the Judicial Branch,” as he explained.
“In particular, the Court will not have the power to hear controversies related to reforms or additions to the Constitution,” declared the legislator.
The reform proposal will also eliminate the possibility that, as has happened, the SCJN invalidates reforms due to defects in the legislative procedure.
The proposal consists of including that the plenary session of the SCJN will act practically only in internal matters
The Court, the law says today, will ensure at all times the autonomy of the organs of the Judicial Branch of the Federation and the independence of its members, and plans to place it “within the Judicial Branch.”
Section XVII of that article states that it can hear and resolve any controversy and includes the word “internal” that arises between the chambers of the SCJN and those that arise in the PJF due to the interpretation and application of the articles. 94, 97, 100 and 101 of the Constitution.
In addition, it is established that it will be able to hear about this type of controversies and those established by the Organic Law, “without having the power to dispute constitutional reforms in form and substance.”
Finally, Gutiérrez proposes incorporating the legend “the powers conferred on the SCJN may not be exercised against additions or reforms to the Constitution.”
