Iván Evair Saldaña
La Jornada Newspaper
Monday, December 2, 2024, p. 5
The Supreme Court of Justice of the Nation (SCJN) once again applied the criterion of constitutional supremacy
this time to set the tone for courts and tribunals in order to maintain the extinction of the 13 trusts of the Judicial Branch of the Federation (PJF).
Thus, the federal government will be able to use more than 17,236 million pesos held in the funds, according to the latest reports from last September. They are 2 billion pesos more than the more than 15 billion registered in October 2023, when the reform to the Organic Law of the PJF was enacted that ordered its disappearance.
The extinction of the funds was stopped in December 2023 by instruction of Minister Javier Laynez Potisek, who granted said precautionary measure by admitting the unconstitutionality actions 214/2023 promoted by opposition senators and 220/2023 by opposition federal deputies.
It was not until last Wednesday that the first chamber of the Court approved by four votes in favor and one against (by Minister Alfredo Gutiérrez Ortiz Mena) the project by Minister Margarita Ríos Farjat that revoked Laynez’s suspension, but since it was not public Until yesterday, the reasons for the project had not been disclosed.
However, sources from the high court informed this newspaper that the central argument of Ríos Farjat’s sentencing proposal was based on the constitutional reform to article 105, last paragraph, which is part of the decree of last September 15, that is, the brand new judicial reform.
In the case of constitutional controversies or unconstitutionality actions raised regarding general norms, in no case will their admission give rise to the suspension of the questioned norm.
says the Magna Carta.
The minister also specifies that in December 2023, when Minister Laynez granted the suspension, there was different conditions
in the legal framework, but after the judicial reform today the first chamber is respecting what the reforming power (the Legislature) decided about prohibiting suspensions against general norms.
The minister’s project resolved a complaint filed in 2023 by the federal Executive, which was then headed by Andrés Manuel López Obrador.
The appeal is appropriate and founded. The appealed agreement is revoked. The requested suspension is denied
the Court determined.
The recent constitutional modifications have stopped challenges in the Court on matters promoted by the governments of the so-called Fourth Transformation.
For example, on November 12, Minister Juan Luis González Alcántara Carrancá dismissed and dismissed seven controversies against the reform of the PJF, applying the criterion of the constitutional supremacy
of the decree of October 31 of this year that modified constitutional articles 105 and 107, and that declare inadmissible constitutional controversies or unconstitutionality actions that aim to contest the additions or reforms to the Magna Carta.
