Fabiola Martínez and Lilian Hernández
La Jornada Newspaper
Wednesday, November 6, 2024, p. 4
Morena and allies filed a lawsuit in the upper chamber of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) to annul the recent agreement of the National Electoral Institute (INE) from which it will file a constitutional controversy against an issue linked to judicial reform.
Last week, the general council of the INE determined – by a majority of six votes against five – to go to Court to try to reverse the new powers of the presidency of the council.
At the same time, in the upper chamber they are receiving requests for trials against resolutions of the Legislative and Executive Branches, also derived from the judicial reform, both from the call for those seeking a position as judges and from the evaluation committees proposed to filter the candidates who in the end will be submitted to the citizen vote.
In one of the reception files we read about the requests for the TEPJF to act on actions of non-electoral bodies: Omissions of the general council and the legislative authorities of the Congress of the Union in the issuance of the electoral regulations and the public call to integrate the lists of candidates who will participate in the extraordinary election of the judging persons
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INE controversy
Regarding the first issue, Morena and its allies (Green and Labor Party) maintain that the alleged constitutional controversy of the INE is inadmissible because the Constitution allows this tool when it comes to direct invasions of powers between State bodies, constitutional or human rights, while the one promoted is a matter of internal organization of the INE, they say.
The 4T parties allege that the contested changes are based on a reform of the electoral law, that is, a power of the Legislative Branch, empowered to regulate electoral institutions.
They affirm that the INE lacks procedural legitimacy to challenge the reform through a constitutional controversy, which is why they request the TEPJF to declare the institute’s agreement inadmissible.
It ratifies that the judicial reform does not prevent the INE from carrying out its functions nor does it affect its autonomy.