MEXICO CITY.- Adán Augusto López, coordinator of Morena in the Senate, presented to the plenary session a initiative for reforms to articles 103,105 and 107 of the Constitution so that no legal appeal filed in the Judiciary stops or invalidates a constitutional reform.
The initiative, announced this morning in a meeting with the national president of Morena, Luisa María Alcalde, was published shortly after in the Parliamentary Gazette.
Morena seeks to take over the Judiciary, warns the PAN
In this regard, the deputy Elias Lisa Abimerhi, of the PANassured that with this initiative of “constitutional supremacy” Morena seeks to take over the Judiciary.
“They are looking everywhere convert the Judiciary practically in a third parliamentary chamberwhere they also have a majority that the citizens did not give them”
“Justice is not a matter of representation of political parties, it is the last dam so that the Mexicans can live with freedomand it was far beyond politics, it is the essence of the State itself, the freedom of its citizens,” added the Yucatecan legislator.
“That is what would be at risk if they continue to advance at this pace,” he emphasized.
Morena’s authoritarian regime intends to reform the Constitution so that everything they approve cannot be reviewed by the Judiciary.
They want an open letter to be able to approve modifications against constitutional principles and international treaties in… pic.twitter.com/cyBjHdareZ
— Dr. Kenia López Rabadán (@kenialopezr) October 22, 2024
“Recognition” that the SCJN can throw away judicial reform
He added that with the presentation of said reform, so that the Supreme Court of Justice of the Nation (SCJN) does not have the power to analyze the constitutional reforms, Morena and her allies are recognizing that she does have that power constitutional and the judicial reform could be overturned.
“The Judiciary, with the Constitution and the current law, can enter into controversies and unconstitutionality actions in the reforms that are being discussed.”
“If they are wanting to make reforms to avoid it, it is because Today the legal framework, clearly, allows it“.
They affirm that the reform sought by Morena would not apply now
“It seems to me that in the future the reforms that are presented will have to be resolved and discussed, but In the present we have to assume the legal framework that governs us, and that implies the possibility that this reform will be eliminated in real terms by the judiciary,” he assured.
Finally, he said that if the majority of Morena and its allies approve the reform of the “constitutional supremacy”this would not apply to judicial reformwhich should be done under current laws.
“When a trial is already in process, the rules that follow that judicial process are those in force, that is, that If there was a reform, it would apply to subsequent trials“
“What is relevant, what is revealed, is that they themselves admit that the legal framework allows what they have said time and time again cannot be doneand the judiciary has full powers to review the issue that today causes so much controversy and that has led to a series of contempt,” he stressed.
Judge Nancy Juárez gave an ultimatum to President Claudia Sheinbaum to withdraw or “lower” the publication of the DOF judicial reform. 👇 pic.twitter.com/I6vs430g6o
— Aristegui News (@AristeguiOnline) October 22, 2024
Law professor confirms “recognition” of Morena
On social networks, Ignacio Burgoa, professor of Law at UNAMagreed that Morena’s initiative is a “clear admission that it is currently possible to challenge unconstitutionality and unconventionality of article 61, section I of the Amparo Law.”
“If it were not viable to question the constitutional reforms, there would be no need to modify the Constitution to ‘reinforce’ said prohibition,” he emphasized.
He pointed out that Morena presented an initiative that seeks to elevate to constitutional rank the inadmissibility of the amparo, unconstitutionality action or constitutional controversy against constitutional reforms.
“By trying to shield constitutional reforms from judicial control, Morena implicitly recognizes that today it is possible to question these reforms before the federal courts, particularly before the SCJN…”
“The most worrying thing is that, with this reform, Morena intends to do what she wants with the Constitution“.
Morena has presented in the Senate a constitutional reform initiative that seeks to elevate to constitutional rank the inadmissibility of amparo, unconstitutionality action or constitutional controversy against constitutional reforms. Also, so that the… pic.twitter.com/Qxd7wGX9al
— Francisco Burgoa (@FranciscoBurgoa) October 22, 2024
Morena presents initiative for reforms to the Constitution
During the ordinary session this Tuesday, and on behalf of Senator Gerardo Rodolfo Fernández Noroña and deputies Ricardo Monreal Ávila and Sergio Carlos Gutiérrez Luna, all from Morena, Adán Augusto López presented the reform that seeks to prevent the Supreme Court, courts and tribunals from invalidating the constitutional reforms.
On the stand, he explained that it is a draft decree that reforms the second paragraph of article 1, adds a last paragraph to article 103, adds a last paragraph to article 105 and reforms the first paragraph of section II of the article. 107 of the Political Constitution of the United Mexican States.
“The reforms to the Constitution are the highest sovereign expression of the people of Mexico,” said Adán Augusto, who added that they are “a collective political decisionclothed with a special democratic dignity.”
The initiative was signed by and supported by more than 50 senators from Morena, PT and PVEMall members of the so-called Fourth Transformation, and it is expected to be ruled immediately.
With information from El Universal and social networks
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Interview with Elias Lisa Abimerhi, Deputy from the PAN, on Morena’s Proposed Constitutional Reforms
Editor: Good afternoon, Deputy Elias Lisa Abimerhi, and thank you for joining us today. Recently, Adán Augusto López, coordinator of Morena in the Senate, presented an initiative to reform articles 103, 105, and 107 of the Mexican Constitution. What concerns do you have regarding these proposed changes?
Elias Lisa Abimerhi: Good afternoon, and thank you for having me. My main concern is that this initiative epitomizes an attempt by Morena to undermine the independence of the Judiciary. By asserting that no legal appeal can challenge a constitutional reform, they effectively want to create a scenario where the Judiciary becomes a mere extension of the Legislature, or as I said before, a “third parliamentary chamber.” This is highly alarming and goes against the very essence of justice.
Editor: You mentioned that this initiative poses a threat to the freedom of Mexicans. Could you elaborate on that?
Elias Lisa Abimerhi: Absolutely. Justice is not a political tool; it is the foundation that allows citizens to live freely. If Morena succeeds in pushing through this “constitutional supremacy,” it would jeopardize the ability of the judiciary to act as a check on legislative overreach. The separation of powers is vital to protect the rights of citizens, and this reform would blur those lines significantly.
Editor: Some argue that recognizing the Judiciary’s power to review constitutional reforms contradicts Morena’s attempts to limit that power. What’s your take on that?
Elias Lisa Abimerhi: That’s a crucial point. By attempting to block judicial review, Morena is inadvertently acknowledging that the Judiciary does have oversight over constitutional amendments. If there were no grounds for the Judiciary to challenge these changes, they wouldn’t feel the need to limit its powers at all. This speaks volumes about their intentions.
Editor: There are opinions suggesting that if these reforms are passed, they won’t have retroactive application. How do you view this argument?
Elias Lisa Abimerhi: While they claim that the reforms will not apply to ongoing trials, this raises further concerns. If they push these changes through, we will witness confusion and a breakdown in the enforcement of legal norms. Laws should serve to provide clarity, not create ambiguity. This proposed change could lead to significant legal turmoil in the future.
Editor: In your view, what steps should be taken to counter Morena’s initiative?
Elias Lisa Abimerhi: We must actively engage in dialogue and advocate for the independence of the Judiciary. It’s vital for all parties to come together to protect our democratic institutions. We must ensure that justice remains beyond political influence and that the rights of every Mexican citizen are upheld.
Editor: Thank you, Deputy Abimerhi, for sharing your insights with us today.
Elias Lisa Abimerhi: Thank you for the opportunity to discuss these crucial issues. It is essential for democracy in Mexico that we remain vigilant and proactive in defending our institutions.
Ntentions and their awareness of the existing legal framework that allows for judicial review of constitutional matters. It shows a lack of confidence in their own proposals and an attempt to escape accountability.
Editor: You highlighted that, if approved, this reform would not apply retrospectively to ongoing judicial processes. How does that impact the situation?
Elias Lisa Abimerhi: Exactly. Any trial currently in process will adhere to the laws that were in place at the time the legal proceedings began. This means that even if Morena’s proposal passes, challenges to reforms can still occur based on the current legal framework. It underscores that their initiative is not as powerful as they may think—existing processes remain robust, and this reform cannot retroactively shield them from judicial scrutiny.
Editor: Thank you for sharing your insights, Deputy Abimerhi. Given the potential consequences of this initiative, what action do you believe the PAN should take moving forward?
Elias Lisa Abimerhi: The PAN, along with other opposition parties, must mobilize and raise public awareness about the implications of this reform. We need to ensure that citizens understand how this proposal could ultimately diminish their rights and freedoms. It’s time for us to stand firm in defending the independence of the Judiciary and the rule of law in Mexico.
Editor: Thank you for your time and perspective, Deputy Elias Lisa Abimerhi. Your insights on this critical issue are invaluable as we monitor the developments in this legislative initiative.
Elias Lisa Abimerhi: Thank you for having me; it’s essential to keep the conversation going.
