Janine Otálora Malassism, magistrate of the Electoral Tribunal of the Federal Judiciary (TEPJF), will propose the reinstatement of Edmundo Jacobo Molina as head of the Executive Secretariat of the National Electoral Institute (INE).
The official of the Superior Chamber of the TEPJF considers that the dismissal of said official, from the entry into force of ‘plan B’ of the Electoral Reform, It is unconstitutional and threatens the autonomy from the INE.
For this reason, the magistrate requested to not apply the seventeenth transitional article of the decree published on March 2 in the Official Gazette of the Federation, which amends, adds and repeals various electoral provisions.
Said article warns that “given the modification of the powers of the Executive Secretariat, with the entry into force of this Decree, the person holding said position will cease to hold office from its publication.
For the magistrate, the Congress of the Union cannot determine in a transitory law, the cessation of functions of the Executive Secretariat of the INE, nor establish parameters for said administrative authority for a new designation.
“The Constitution expressly establishes that the head of the Executive Secretariat of the INE will be appointed by vote of two thirds of the General Council at the proposal of its presidency”, he cuts short.
In the magistrate’s project, she warns that the decision is applicable solely and exclusively to Edmundo Jacobo Molina.
It should be remembered that Up to now, the TEPJF has received two appeals against the cessation of functions by Edmundo Jacobo Molina, one promoted by the INE itself and another by the interested party.
In its claim brief, the INE said that the reform violates its constitutional autonomy and invades the powers of the General Council to appoint the head of the Executive Secretariat.
Edmund Jacobo Molina accused the violation of his political-electoral right of being part of the INE, likewise, it indicated that the aforementioned transitory article violates the principle of equality to its grievance.
Both were turned over to the magistracy of Janine Otálora Malassis. Until now, neither case is listed for resolution in the public session on Wednesday, but this could happen before the start of the session.
The ‘plan B’ of the electoral reform modifies various articles of the General Law of Electoral Institutions and Procedures, the General Law of Political Parties, the Organic Law of the Judiciary of the Federation, and the Law of Means of Electoral Challenge is issued.
147 INE workers promote amparo lawsuit against ‘plan B’
A group of 147 INE employees promoted this Monday an amparo trial against possible dismissal or salary reduction and benefits, on the occasion of the entry into force of ‘plan B’ of the Electoral Reform, promoted by President Andrés Manuel López Obrador
In their claim, the INE employees, who range from CEOs to operational staff, requested the suspension of the application of said legal reform considering it unconstitutional and a violation of the human and labor rights of workers.
The complainants are represented by Rodolfo Martínez, head of the firm Trusan & Roma Abogados, who told El Financiero that It could be in the middle of the week when the Judge who are aware of the case determine whether or not to grant the suspension of the act claimed.
This is the first amparo at the national level promoted by INE employees against the entry of the Electoral Reform, in force since March 2, after it was approved on December 6 by the Chamber of Deputies and February 22 by the Senate of the Republic.
“The reason for the amparo is to seek that the federal courts suspend the application of the norm to those who have signed this amparo lawsuit, since it establishes a series of conditions that favors his dismissal and the withdrawal of benefits”, said the litigant.
He explained to this media outlet that the Law provides for a compaction program for the structure of the professional electoral service and administrative areas, which is sought to be avoided. “In summary, the protection is so that they do not run and do not take away benefits such as insurance for major medical expenses”, he added.
It pointed out that the fact that the dismissal of the complainants has not been consummated, It is not an impediment to the promotion of this type of legal resources.since it is a “self-applicable norm” because concrete acts are already being arranged to achieve a new administrative structure.
“Whoever is employed by the INE is already under the direct application, by the simple publication of the norm, of being part of that restructuring and consequently the INE dispenses with its services,” he added.
He stressed that in case people are fired there is a risk that they will not receive compensation provided by lawsince the INE does not have a reliable source of financing for this purpose.
The lawyer Rodolfo Martínez, assured that it is expected that in the next few days employee groups promote new amparo lawsuits.
He recalled that an estimate by counselor Ciro Murayama is that 7,000 INE employees will be fired. “What the Counselor did not say is that those who stay will see their income and benefits reduced.”