Morena and allies’ judicial reform puts pressure on SCJN ministers to resign

The judicial reform that promotes Morena and their allies offers 10 of the 11 acting ministers of the Supreme Court of Justice of the Nation (SCJN) keep their lifetime retirement income if they resign before August 31, 2025.

This means a way of pressure for the ministers to resign, since the offer applies even if they participate and lose in the election in June of that year.

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Currently, the SCJN requires at least 7 of the 11 Ministers to function in Plenary Session, and four in each Chamber.

If the reform passes, the operation of the court will be subject to a sufficient number of ministers deciding to remain in their posts until the aforementioned date, since the following day, which is September 1, 2025, Those elected will be sworn in in June.

Morena and allies’ judicial reform puts pressure on SCJN ministers to resign

But a high number of resignations could lead to the new president Claudia Sheinbaum has to propose ministerial appointments to the Senate interim, in terms of article 98 of the current Constitution, so that the Court does not cease to function.

He retirement pension It would be proportional to the time worked by those who resign, so it would be much more attractive for four ministers and one female minister, the president. Norma Pineapple, who were appointed in previous six-year terms, between 2011 and 2015.

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What are the current rules for retirement benefits?

Under the current rules, The retirement pension is equivalent to 100 percent of the remuneration of active ministers during the first two years, and 80% after that period and until the death of the beneficiary.

Nevertheless, The amount would be reduced once the reform comes into force.since it is also ordered that no member of the Judiciary will be able to earn more than the President of the Republic.

Retirement benefits are currently paid based on the 3.3 million pesos of net annual perception of active ministers, an amount that would drop to the 1.9 million of Lopez Obrador’s salary, perhaps with a slight increase for Claudia Sheinbaum starting in January 2025.

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The offer to resign does not apply to the former president of the Court, Luis María Aguilar, whose 15-year appointment ends on November 30 of this year.

The third paragraph of the seventh transitory provision of the opinion promoted by Morena It does not make clear whether Aguilar — subject of constant attacks by AMLO— would be entitled to the lifetime payment enjoyed by all Ministers who have retired since 1994, or, on the contrary, it would be eliminated completely, as is planned for those who would begin their duties in September 2025.


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2024-08-24 21:03:05

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