They maintain suspension against the decree that hands over control of the GN to the Sedena

Cesar Arellano Garcia

Newspaper La Jornada
Thursday, January 5, 2023, p. 8

A district court in Guanajuato rejected the revocation of the definitive suspension granted to the organization Uniendo Caminos México against the decree that grants administrative and operational control of the National Guard (GN) to the Secretary of National Defense (Sedena), which was published in the Official Gazette of the Federation (DOF) last september. Therefore, the precautionary measure remains in force.

The impartadora of justice dismissed the incident promoted by the head of the Sedena’s Legal Affairs Unit on behalf of the President of the Republic. In his lawsuit, he argued that the resolution of November 29, 2022 represents a supervening fact, with which the Supreme Court of Justice of the Nation validated the agreement by which the permanent armed force is available to carry out public security tasks in a manner extraordinary, regulated, supervised, subordinate and complementary, published on May 11, 2022 in the DOF.

However, the federal judge pointed out that this is not the case, since in the constitutional controversy 90/2020, which declared the validity of said agreement, the subject of analysis was the invasion of legislative powers, as well as the excess of limits of the head of the federal Executive Power. .

It determined that the contested act is different from the decree with which the GN is incorporated into the Sedena, in addition to the fact that the Court has not yet resolved the unconstitutionality action 137/2022, which was filed to challenge the reforms to the Organic Laws of the Administration Federal Public, of the National Guard and Organic of the Mexican Army and Air Force, for which reason the revocation motion was dismissed in accordance with the provisions of article 154 of the Amparo Law.