What follows after the publication of the reform of the Judicial Branch? Lawyer leader explains

MEXICO CITY.- Despite the controversy and criticism about weakening the separation of Powers in Mexico, in just a few days the reform of the Judiciary proposed by the president Andrés Manuel López Obrador.

The judicial reform was published in the Official Gazette of the Federation (DOF) in the evening edition of yesterday Sunday, Mexican Independence Day.

So what’s next now that AMLO’s judicial reform has been published? This is what the lawyer explains Arturo Pueblita Fernandezpresident of the Illustrious and National Bar Association of Mexico, AC

What happens after the publication of the judicial reform?

With the promulgation of the judicial reform in the DOFfive suspensions granted by district judges against the process were violated, both for the beginning of the discussion in the Congress of the Union as for publication.

“Now the challenges will come, for which there are 30 business days for direct protection (because it is a self-enforcing rule) and the same days for the unconstitutionality action,” he explains.

According to the lawyer, those who promoted the previous protections can initiate an incident for the violation of the suspension, under the terms of article 206 and following of the Protection Law.

If it is proven that the suspensions were violated, “the existence of a crime could be determined under the terms of article 107, section XVII of the Constitution.”

So if the #ReformaAlPoderJudicial What happens in the Official Gazette? Well, now the challenges will come, for which there are 30 business days for the indirect protection (because it is a self-enforcing norm) and the same days for the unconstitutionality action.… pic.twitter.com/rq37g5xHGU

— Arturo Pueblita (@ArturoPueblita) September 16, 2024

However, even though the Attorney General’s Office (FGR) in theory is an autonomous constitutional body, “in practice we know that this is not the case.”

“In principle, violations of suspensions will remain criminally unpunished.”

Judiciary would analyze AMLO reform

The lawyer indicated that impunity for the criminal matter “generates the constitutional reform process to be invalid, a situation that the same Judiciary “You must analyze and resolve.”

“Is that possible? Wouldn’t they be judge and party? The answer is Yes you can and it would not be partial. By? Well, it turns out that this is how the balance of power works in democratic regimes,” he said.

As he explained, the Legislature creates the rules and the Judiciary analyzes their constitutionality.

For this reason, there is the possibility of invalidating regulations of all kinds, “even those that seek to regulate judges.”

This is also reflected in Congress, where it is not questioned that legislators can issue the laws that regulate their own functioning.

“What we can make very clear is that the reform procedure is legally invalid,” he explained.

“Along the way, evidence was left that they lacked votes and they had to “balance principles with effectiveness.” What we have is an unconstitutional, undemocratic constitutional reform procedure.”

The jurist claimed that they resorted to “all means to try to be left without ANYONE to control them to continue twisting the law freely.”

“AMLO passed the binding court orders through the triumphal arch,” highlights @jmartinreyes after decree of judicial reform. “It sends the signal that politics is above the law and nothing is limiting me,” he added. #FormulaNews con @azucenau. pic.twitter.com/bNTnzGQR4p

— Grupo Formula (@Radio_Formula) September 16, 2024

YOU MAY BE INTERESTED IN: Ernesto Zedillo attacks judicial reform; breaks “self-censorship” for the first time

Related