Lilian Hernández and Fabiola Martínez
La Jornada Newspaper
Thursday, October 10, 2024, p. 4
To organize the election of judges, magistrates and ministers, only councilors and not political parties will participate, the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) resolved.
By a majority of three votes against two of the judges Janine Otálora and Reyes Rodríguez, the upper chamber of the TEPJF confirmed the agreement of the INE by which it modified its internal regulations so that the General Council can hold sessions without the presence of representatives of political parties only for the electoral process of judges.
For this reason, it rejected the demands of National Action and the Citizen Movement, because although the presentation declared the resources of both parties admissible, it considered the grievances inadmissible, given that the General Council did found and adequately motivate the controversial agreement. based on the constitutional reform decree that gives it the obligation to organize the electoral process to elect various positions in the Judicial Branch
.
Contrary to what was alleged by the political parties, the higher court determined that the INE did not exceed its regulatory power, since it complied with a constitutional mandate.
Judge Reyes Rodríguez Mondragón considered that just because political parties cannot intervene in the election of ministers, magistrates and judges, the demands of Acción Nacional and MC had to have been dismissed without reaching analysis and discussion in session. .
Partisan interests must be excluded and one way to achieve this is through the presentation of lawsuits.
he pointed out after adding that these institutions have no legal or legitimate interest in raising this type of appeal.
Split decision
Judge Janine Otálora voted against because from her perspective, the political parties did have a legal interest to challenge, since the reform of the Judiciary indicates that they cannot participate.
But, “the General Council, precisely when issuing its agreement, interpreted the terms ‘not participating’ and established that this was equivalent to the absolute exclusion of political parties from their place at the Council table,” which for the judge is not what suitable.
Meanwhile, the presiding magistrate, Mónica Soto Fregoso, pointed out that far from failing to comply with any constitutional or legal obligation
the regulatory modifications made by the INE were intended to adapt the regulatory standards that regulate its sessions to the new constitutional guidelines in which partisan and legislative representations are excluded from decision-making related to electoral processes for the election of federal judges
.
Therefore, the plenary session resolved that the INE agreement is founded and, therefore, political parties will not be able to participate in the sessions of the General Council when issues of the process for the election of judges are addressed.
In two other matters, the upper chamber rejected, on the one hand, the demand of former president Andrés Manuel López Obrador and servants of the Presidency on the grounds that it was out of time with respect to the conferences of May 20 and 21, but on the other hand, it modified the sentence of the specialized court because in health matters they could provide information.
Due to the above, it ordered the specialized chamber of the court to carry out a new reinforced study of said violation.
While in the case of the conference of November 16, 2022, it determined to revoke the sentence by estimating that the expiration of the sanction operated, because a period of more than one year had elapsed for the resolution, due to delays in the investigation by the INE.
