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October 20, 2024
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“The reform is going,” Sheinbaum responds to a court order to lower the DOF decree

Alonso Urrutia and Arturo Sánchez

La Jornada Newspaper
Saturday, October 19, 2024, p. 5

Given the resolution of a court that ordered him to eliminate from Official Gazette of the Federation (DOF) the presidential decree on judicial reform, President Claudia Sheinbaum stated: We are not going to take down the publication, because it has no legal basis.

He said that Although the Federal Judiciary Council (CJF) does not sanction the judges, we are going to file a complaint, because it is outside of its functions. A judge must also follow the law, the Magna Carta; that is its primary function.

He considered that the decision of Judge Nancy Juárez, based in Coatzacoalcos, Veracruz, is a occurrence without legal basis. For this reason, he confirmed that the judicial amendment will not stop, because no judge or eight ministers can reverse the will of the people: the reform is going. He criticized that the CJF does not fulfill its responsibility to verify the performance of the judges, despite which they will promote the complaint so that there is a precedent and it does not remain unpunished.

At the conference, the Legal Counsel of the Presidency, Ernestina Godoy, explained that in the legal framework, there is no provision that allows granting protection against a constitutional reform, and thereby eliminating the ability of Congress to modify the Constitution. The norm expressly provides for the inadmissibility of amparos and others against amendments to the Magna Carta, The actions of these judges usurp powers conferred on the reforming power.

He pointed out that a court cannot assume powers to subject a constitutional reform to jurisdictional review because, Beyond its express powers, it would imply placing itself above the reviewing body, establishing itself as the highest authority of the Mexican State.. This would be instituted in instance, ignoring the postulate of the original constituent, according to which national sovereignty resides essentially and originally in the people, not in a district judge.

Sheinbaum announced that they are already preparing a complementary package of the judicial reform, which includes changes to the Organic Law of the Supreme Court of Justice of the Nation and the regulation of the new Disciplinary Court in the Judicial Branch, which will replace the CJF so that its operation have very clear rules.

He stressed that the amendment also sets deadlines for commercial trials that involve tax debts: It will no longer be like now, in which it may take years, with protections and protections, for the taxes to not be paid, but in six months the Judicial Branch of the Federation (PJF) will have to resolve. It is intended that when the elected judges, magistrates and ministers assume their positions, the new legal framework will already be in force to begin a new era of justice in Mexico.

Once again, he considered that those who maintain protests in the PJF are not right, because there is no need to worry, since their working conditions are not going to change, since they will keep all their income, and they even have insurance for major medical expenses, on which which I do not agree, but it is in their collective contract and must be respected.

About the pause in the process approved by the National Electoral Institute (INE), considered that in reality What the president of the INE did was ask the Electoral Court to express itself about what should be done in the face of judicial suspensions.

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