Gustavo Castillo García and Jessica Xantomila
La Jornada Newspaper
Saturday, September 28, 2024, p. 8
Andrea Génesis Alarcón Cortés, head of the first district court in administrative matters, based in Nuevo León, granted a provisional suspension to a group of judges and magistrates dissatisfied with the judicial reform so that the Senate refrains from issuing the call for integrate the list of candidates for ministers of the Supreme Court of Justice of the Nation (SCJN) and justice providers.
Likewise, it instructs that acting judges are not removed from their positions, the members of the court that will replace the Federal Judiciary Council (CJF) are not selected, complementary pensions are not canceled nor trusts are extinguished. Likewise, it must be guaranteed that salaries remain as they are even if they exceed the income established for the President of the Republic.
The judge issued the resolution within the amparo trial 989/2024 and granted acting judges and magistrates and retired justice providers the provisional suspension, which can still be appealed by the representatives of the Executive and Legislative branches.
In her considerations, Judge Alarcón Cortés maintains that The reform of constitutional precepts brings among one of its consequences the reconfiguration of the judicial system with acts that apparently favor the arbitrariness of the Executive and Legislative Branch, which under the pretext of strengthening the democratic rule of law and citizen participation, recognized rights may be violated. in the federal Constitution and in the international treaties to which the Mexican State is a party; Hence, as mentioned, with a view to the appearance of good law, it is appropriate to grant the provisional suspension
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Sanctions
Furthermore, he warns the responsible authorities, within their powers, who will have to refrain from applying the effects and consequences of the contested reform
since they would be in default and sanctions would be imposed against them.
The resolution, which until now only benefits the applicants for this protection, whose identity was reserved, indicates that The Senate must not issue the call that is ordered, within a period of 30 calendar days after the entry into force of the decree, to integrate the lists of candidates who participate in the extraordinary election to renew the positions of the PJF
nor carry out public insaculation to complete half of the federal judges to be elected in the extraordinary electoral process of 2025.
Salaries and complementary benefits
The CJF is ordered to shall not deliver to the Senate the list with all the positions of judicial persons, indicating the judicial circuit, specialization by subject, gender, vacancies, resignations and scheduled retirements or other information that is requested.
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Likewise, he points out that No authority may remove judging persons from their functions and/or public positions.
and? The responsible authorities should not select the magistrates who will make up the Judicial Disciplinary Court and the judicial administration body. Therefore, the CJF will continue to operate in its functions in accordance with the regulations that govern it.
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Regarding salaries and benefits, he indicated that these should not be affected to reduce them to a lower amount than the amount assigned to the head of the federal Executive in the budget of each annuity, but said remunerations will be maintained in accordance with the amounts that currently make up the integrated salaries and other complementary benefits assigned.
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It maintains the complementary pensions in force for current and retired providers who requested protection and their beneficiaries.
Also, that The funds, trusts, mandates or similar contracts that currently exist in the Judicial Branch of the Federation will not have to be extinguished, as ordered in the tenth transitory article of the decree, nor will the resources be heard.
to institutions of the Executive Branch.
Notification from Colima has yet to arrive: INE
Likewise, the National Electoral Institute (INE) has still not received notification about the provisional suspension granted by a Colima judge to stop the process to elect ministers, magistrates and judges, personnel from the electoral body confirmed.
Although the resolution was issued on September 24, until press time the institute had not been notified. In addition, counselors Rita Bell López and Jorge Montaño confirmed that before making a decision there must be a legal analysis and a collegiate agreement must be reached between the ministries.
It has to be seen under what terms does that notification come; With great respect I say that we should also see the competition. Let us not forget that in electoral matters there is no suspension, the amparo trial does not apply
Montaño explained in a collective interview in Tabasco.
Meanwhile, yesterday it was published in the Official Gazette of the Federation the agreement of the General Council of the INE by which the declaration of the beginning of the extraordinary electoral process 2024-2025 is issued.
