There are 35 lawsuits against the start of elections for ministers

Lilian Hernandez Osorio

La Jornada Newspaper
Tuesday, October 8, 2024, p. 4

The challenge of the National Electoral Institute (INE) before the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) unleashed controversy in matters of electoral law, in addition to a rain of nonconformity lawsuits that until the closing of the edition exceeded 35, which They are against the agreement to declare the start of the electoral process for ministers, magistrates and judges by demanding that the higher chamber analyze its legality.

As a result of the absence of a secondary law of the reform of the Judiciary to have clarity regarding how both the provisional suspensions granted by federal judges, as well as the electoral trial filed by the institute, in which it asks the court to give green light to continue with the preparations, these controversies have been generated, in which no answers are yet offered and there are contrary legal positions.

Specialists from the Electoral Laboratory organization, like the former TEPJF magistrate, Gabriela Villafuerte, point out that the appeal presented by the institute was erroneous, because the superior chamber is not competent to resolve the determination of federal judges.

Contrary to these positions, the INE alleges that the protections granted by federal judges They lack the competence to rule on general norms and acts of electoral content, while said commands and their effects constitute an invasion of powers. that only the Supreme Court of Justice of the Nation and the chambers of the electoral court are competent.

The electoral body’s challenge argues that the protections are directed to the obstruction of the state function of organizing elections conferred on the INEwhich is why it demands that they be resolved as inadmissible.

In addition to the provisional suspensions, in the past 48 hours various actors have presented challenges to the higher court against the INE agreement by which the declaration of the beginning of the extraordinary electoral process was issued in which ministers, magistrates and judges will be elected.

A review carried out by this newspaper confirmed more than 35 trials against this agreement, of which 22 were referred to the presentation of Judge Felipe de la Mata Pizaña, three to Judge Felipe Fuentes Barrera, another three to Judge Janine Otálora Malassis, two to the presentation by Judge Reyes Rodríguez Mondragón and two others to the presiding judge Mónica Soto Fregoso.

These challenges were admitted between last Sunday and Monday, which will be analyzed by the five magistrates and then each presentation will present the proposals on them to the plenary session, in which it is very likely that there will be conflicting positions, because each magistrate will make their own jurisdictional interpretation on a reform that has triggered a series of legal procedures that seek to stop it, but also that request to continue with the process, as requested by the INE.

In fact, the electoral trial urgent filed by the institute warns in the explanatory statements that the provisional suspensions granted by federal judges have a direct impact on the legal sphere of the heads of courts and tribunals, so constitute a conflict of interest in the administration of justice.

The administrative electoral body considers that if the judges issue resolutions declaring the trials founded, This would prevent the constitutional reform from being applied, which means that they would retain the positions they currently hold..

Furthermore, it points out that these protections are detrimental to the right of citizens to participate in an electoral process to elect them directly, which is why they should be discarded. plain.