Ready, ministers who will propose the Court’s ruling in response to complaints about the PJ reform

Iván Evair Saldaña

La Jornada Newspaper
Wednesday, October 9, 2024, p. 5

Ministers Alberto Pérez Dayán and Juan Luis González Alcántara Carrancá will be the ones who will first define the decision that the Supreme Court of Justice of the Nation (SCJN) will take in response to challenges to the reform of the Judicial Branch of the Federation (PJF).

Yesterday, Minister Juan Luis González admitted to processing the constitutional controversy promoted by the government of Guanajuato against the amendment, which came into force on September 16.

The appeal was filed by the former governor of Guanajuato Diego Sinhue Rodríguez Vallejo, as one of the last acts of his administration, which concluded on September 26.

It is the first time that the Court admits a controversy against a reform of the Constitution.

With the admission of the controversy, the minister did not issue precautionary measures ordering the suspension of the effects of the reform in favor of the promoter, in this case from Guanajuato.

However, the man will request reports from the Congress of the Union, 23 local legislatures and the federal Executive so that they defend the judicial reform that they endorsed.

On the other hand, the minister president, Norma Lucía Piña Hernández, assigned Minister Pérez Dayán the task of preparing another project that resolves the request of judges and magistrates who asked the high court to rule on the constitutionality of the reform.

With this, the minister will determine if it is possible for the Court to carry out constitutional control of the judicial reform and, where appropriate, if it is feasible to grant a suspension against it.

The matter referred to Pérez Dayán derives from the consultation under process 4/2024 that was resolved last Thursday by the full Court, and in which it was approved by eight votes to three that this high court can analyze the challenges against the constitutional amendment. .

In said request, the judges argued that the autonomy of the PJF bodies, the independence of its members and judicial autonomy are affected.

The plenary session of the Court determined that article 11, section XVII, of the Organic Law of the Judicial Branch of the Federation (LOPJF) attributes to it the high mandate of ensuring the autonomy and independence of the bodies and members of the federal judiciary.

To date, the Court has admitted five challenges against the changes to the Constitution in judicial matters. Two of them are those that are being studied by Ministers Pérez Dayán and Juan Luis González and three are pending to be transferred by Piña Hernández to the presentation of another minister.