MEXICO CITY.- Despite the fact that in the morning the Senate committed to not discuss the reform of “constitutional supremacy” but until next week, the united commissions of Constitutional Points and Legislative Studies of the Upper House They approved the proposal in general and in particular by Morena.
After a long and vigorous debate, with 24 votes in favor and 10 against it was approvedwith modifications, the initiative that makes the reforms to the Constitution unchallengeable through constitutional controversy, the unconstitutionality action and the amparo trial.
Changes to the “constitutional supremacy” initiative
Most of Morena withdrew the modifications to articles 1 and 105 from the opinion of the Constitution, in the face of criticism from the opposition regarding human rights violations.
The ruling was transferred to the Board of Directors of the Senate and was ordered published in the Parliamentary Gazette.
It should be noted that the ruling party had previously committed, in the voice of the Morena coordinator, Adán Augusto López, to not bring the reforms to the plenary session until next weekbut in the commission session he reported that the PVEM presented a request to include it on the agenda in this Thursday’s session.
They withdraw the changes to article 1 of the Constitution
The opposition celebrated that the ruling party gave revert to changes to article 1 of the Magna Carta, because “it is a step in the right direction,” he maintained.
The reform establishes that the amparo trial against additions or reforms to the Political Constitution will not proceed.
With the modifications, the opinion states, the aim is to clarify “for those who today consider that a constitutional reform is contestable” that the current Mexican constitutional system does not contemplate this possibility.
The document highlights that The initial initiative was modified, Therefore, the reform that the proponents had proposed to modify article 1 of the Political Constitution was omitted from the opinion.
This reform stated: “The norms relating to human rights will be interpreted in accordance with this Constitution and with the international treaties on the matter, favoring people at all times with the broadest protection, but in no case may they be inapplied by means of conventionality control”.
Claudia Sheinbaum defends the “constitutional supremacy” initiative
Before, during the “morning of the town“, the president Claudia Sheinbaum stated that the “constitutional supremacy” initiative seeks strengthen the Amparo Law and clarified that it is a proposal from the Morenoist legislators.
“I understand that first a proposal of several articles was presented and then the proposal is that what we read here from article 61, paragraph 1 (of the Amparo Law) remains in the Constitution to reinforce that in fact the amparo trial is inadmissible in the case of constitutional reforms,” he indicated.
He insisted that It is a proposal from the senators and deputies of Morena“is passing what is in the law to the Constitution.”
To the question if that is not leaves the population unprotectedresponded that the initiative is already in the Amparo Law “and their idea is to pass it to the Constitution.”
“Well, it is what is already in the law, passing it to the Constitution is, let’s say, strengthening the Amparo Law in the event of its inadmissibility in the Constitution.”
“I understand that They removed that part, that only this part of article 61 remainssection 1, which passes to the Constitution. I understand that the others were withdrawn yesterday. This is what the Legal Department informs me,” he continued.
Changes to the “constitutional supremacy” initiative
In that sense, after presenting on Tuesday before the plenary session of the Senate the initiative for reforms to articles 1, 103, 105 and 107 of the Magna Carta so that no legal appeal filed in the Judiciary stops or invalidates a constitutional reform, Adán Augusto López announced that They would present this Wednesday a modification.
In an interview with Ciro Gómez Leyva, the Morenista senator indicated that they would withdraw in the session of united commissions the proposal to modify Article 1 of the Constitutionwithin the framework of judicial reform.
“We are going to present some modification […] Last night we reviewed whether it was legally and politically appropriate to enter into a debate at this time regarding what we had proposed in the first article of the Constitution and one of the reservations that we are going to propose and We will surely withdraw the proposal regarding the modification of the first article of the Constitution, specifically to the non-conventionality of the laws.”
“This is, We are going to limit ourselves to 103, 105 and 107 constitutional,” he explained.
“We are going to withdraw during the day the part that corresponds to the unconventionality of the law“It will be within the framework of the reform of the Judiciary,” he assured.
What changes would be made to the “constitutional supremacy” initiative?
He Article 1 of the current Constitution It can be read that: “The norms relating to human rights are interpreted in accordance with this Constitution and the international treaties on the matter, favoring people with the broadest protection at all times.”
For your partthe proposed text marks the following: “The regulations relating to human rights will be interpreted in accordance with this Constitution and the international treaties on the matter, favoring people with the broadest protection at all times, but in no case can they be applied through conventionality control.”
In this way, with the change seeks to avoid that the Supreme Court of Justice of the Nation (SCJN), courts and tribunals invalidate constitutional reforms.
The PRI calls to activate a bloc against “constitutional supremacy”
This Wednesday, the national leader of the PRI, Alejandro Morenocalled on the opposition benches to activate the containment block to fight against the so-called “constitutional supremacy” reform.
He indicated that this issue will be taken to international bodies so that the scope of this initiative that destroys rights and guarantees in the country is known.
At a press conference, accompanied by PRI senators, he called “on all the parliamentary groups, the senators, the legislators of National Action, of the Citizen Movement to let’s close ranks in this block, “to take with firmness and determination what will happen in the United Commissions and in the Plenary Session of the Senate of the Republic.”
Call from the PRI to the official senators
In addition, He called on the pro-government senators to react“because truly, we have said it, this destroys guarantees, destroys rights and also puts at risk agreements, treaties that we are responsible for as a Mexican State.”
At the Senate headquarters, he said that “we are going to raise our voices, we are not going to allow this to continue moving forward, to fightto call on the opposition to form a bloc and above all to make known here at the national and international level what is intended to be done in Mexico.”
He believed that the reform of Morena’s senators and deputies will lay the foundations for trying to create a regime without rights, without freedoms, authoritarian and that does not respect the freedoms of Mexicans.
With information from El Universal
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**Interview with Senator Adán Augusto López on the Recent Constitutional Reform Initiatives in Mexico**
**Interviewer:** Thank you for joining us today, Senator López. The recent approval of the reforms to the constitutional supremacy has stirred quite a debate. Can you explain what these reforms entail and their significance?
**Senator Adán Augusto López:** Thank you for having me. The reforms aim to solidify the principle of constitutional supremacy in Mexico. By modifying Articles 103, 105, and 107 of the Constitution, we seek to establish that no legal appeal can halt or invalidate constitutional reforms. This means that the current constitutional order will remain intact against any challenges.
**Interviewer:** There has been pushback from the opposition, particularly concerning human rights implications. How do you address those concerns?
**Senator Adán Augusto López:** I understand the concerns raised by our opposition colleagues. Initially, there were proposals to modify Article 1 regarding human rights, but we decided to withdraw those. The intent is to maintain a balance that protects individual rights while reinforcing the supremacy of constitutional reforms. The amendments that remain focus on making clear that constitutional reforms are not contestable.
**Interviewer:** You mentioned that the decision to withdraw changes to Article 1 was in response to opposition criticism. Can you elaborate on that?
**Senator Adán Augusto López:** Yes, after careful consideration, we concluded that proceeding with changes to Article 1 could complicate the discourse around human rights protections. We believe it is crucial to uphold these protections while also ensuring that our constitutional reforms are respected and can be implemented effectively. The amendments we have retained reflect this balance.
**Interviewer:** Can you clarify how this initiative could potentially affect the Amparo Law?
**Senator Adán Augusto López:** Certainly. The reform aims to strengthen the Amparo Law by clarifying that amparo trials—legal reviews designed to protect constitutional rights—will not be admissible in cases of constitutional amendments. This is meant to eliminate any ambiguity regarding the applicability of the law and to assure citizens that their rights are protected under the existing framework without extending the possibility of constitutional amendments being challenged through amparo.
**Interviewer:** what are the next steps now that the commissions have approved the proposal?
**Senator Adán Augusto López:** The ruling has been submitted to the Senate’s Board of Directors and will be published in the Parliamentary Gazette. We are opening it up for discussion in the Senate next week. I expect further debates, and we will see how our colleagues respond. Our commitment is to move forward with this carefully considered reform to strengthen our constitutional framework.
**Interviewer:** Thank you, Senator López, for your insights and for clarifying the government’s position on these crucial reforms.
**Senator Adán Augusto López:** Thank you for the opportunity to share our perspective.
