“Last chance” for the SCJN to invalidate the judicial reform: this is what experts argue

MEXICO CITY.— The reform on the call “constitutional supremacy” will not prevent the Supreme Court of Justice of the Nation (SCJN) discuss, today Tuesday, the project of Minister Juan Luis González Alcántara Carrancá that foresees invalidate partially the judicial reform.

Sergio Olveraprofessor at the Free School of Law, and Jesus Garza Onofrefrom the Legal Research Institute of the UNAMthey explained to Process the different criteria that apply to the particular case of the unconstitutionality action that the Court will discuss today on the reform.

The modification on constitutional supremacy establishes in the Magna Carta the prohibition to challenge reforms to said law through actions of unconstitutionality, constitutional controversies or protections processed before the Court and the Judiciary of the Federation (PJF).

In its article Segundo Transitorio, it points out that upon its entry into force, challenges against constitutional reforms that are in process must be resolved in accordance with its provisions, that is, declared inadmissible without the authorities being able to analyze the substance of the matter.

Olvera Rangel explained that this transitional article will be subject to interpretation by the SCJN so that it can analyze the unconstitutionality action against the judicial reform.

“Last chance” for the SCJN to invalidate the judicial reform: this is what experts argue

Jesus Garza Onofrefrom the Institute of UNAM Legal Investigationsindicated that the Supreme Court has no impediment to analyze the judicial reform, but warned that, in any case, the so-called reform on constitutional supremacy will prevent challenges that could have been presented against the modifications to the Carta Magna to disappear autonomous organizations such as the Federal Institute of Telecommunications (IFT) or the National Institute of Transparency, Access to Information and Protection of Personal Data (HENNA).

“This tells us reveals a very bad judicial reform because why did they put this aside? Why the rush? I think they will use it as a political argument, once the Court resolves the challenge and declare disability according to the project of Alcántara, surely the discourse will be that the Constitution already prohibits these challenges and, since there is no transitional regime in the judicial reform, I believe that these are simply drowning kicks to prevent the inevitable or prevent incurring contempt,” he considered.

Garza Onofre indicated that The challenge now for ministers is to maintain the possibility of invalidating parts of a constitutional reform and from there derives the importance of the discussion scheduled for today, Tuesday.

“What will happen this Tuesday is the last opportunity that the Court has to do something about this judicial reform, even may be the last relevant ruling of the Court because there is no way for the new popularly elected integration to have the same model; It will be one understood under a very specific narrowness of criteria and without general effects; without the possibility of drawing attention to constitutionality through actions and controversies; There will be issues that will impact only the sphere of the person involved in that case,” he noted.

Coparmex raises its voice

Coparmex and the Mexican Bar, Bar Association, Jalisco Chapter, uyesterday ordered the Supreme Court to preserve an independent Judiciary.

Coparmex supports a solid, impartial and autonomous Judiciarykey to the economic and social development of Mexico.

The politicization ofwould affect legal certainty and would reduce Mexico’s attractiveness for international investment, just when nearshoring represents a growth opportunity.

The president of the Republic claims to have a plan for possible invalidation of the reform judicial in the Court.

Claudia Sheinbaum assured that her government is “prepared” for the possible scenarios that result from the discussion in the SCJN.

“Of course we have a plan that does not put anything (of the judicial reform) at risk.” Of course we have a plan, whether they decide in favor or against,” the president mentioned during her morning press conference yesterday, Monday.

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