Judicial reform: the TEPJF prepares to authorize the INE to move forward in the process of election of ministers and judges

The magistrate of the Electoral Court, Felipe de la Matait is likely that it is not viable from a constitutional point of view to suspend activities related to the conduct of the extraordinary electoral process of the Judicial Branch of the Federation for the period 2024-2025you are under the responsibility of INE.

In response to the appeal filed by the Instituto Nacional Electoral (INE)the project indicates that “is not a matter of pronunciation nor of litis validate it, the legality or effectiveness of the actions or suspension resolutions issued by various courts of amparo, because in this sentence these determinations came into force “.

Therefore, “it is determined, in a declarative manner, that The INE cannot detain electoral activities that arise from the launch of an electoral process by normative mandate, to be of public order and to be constitutionally as intended.”

On October 4, the Executive Secretary of the INE requested the Superior Room which pronounces itself through a declarative action to ensure the continuity of the activities won in the judicial election, in response to the suspensions otorgadas for the jueces which must interrupt the process.

Argument that the Sala Superior it has the competence to pronounce and provide certification in the exercise of the responsibilities constitutionally conferred on it to the electoral body in the reform of the judicial power of the Federation. This means that the attributions have an electoral character, which implies that they are not normatively viable to suspend the effects of the acts of the authority responsible for the electoral organization.

Without embargo, it is specified that this declaration does not include “the measures taken, nor the resolutions of the amparo judges, as well as their competence to carry out or their decisions. Therefore, your resolutions will not be modified, confirmed, nor revoked in this sentence”. .

Recommended to allow suspensions in electoral matters to have an effect, it will in fact be the essential purpose of the electoral process, consistent in the integration of the organs of public power, and the understanding of other principles and values ​​which inspire democratic exercise, like the institutional path. of the renovation of public areas.

M.F.