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Avalan que INE siga process of judicial election

Avalan que INE siga process of judicial election

The Sala Superior del Tribunal Electoral del Poder Judicial de la Federación (TEPJF) resolved that the National Electoral Institute (INE) can continue the organization of the extraordinary electoral process 2024-2025 for the election of ministers, magistrates and judges on 1 June next year. .

At the request of Felipe de la Mata, with the vote in favor of Felipe Fuentes, Mónica Soto, president of the maximum electoral court of the country, and her suyo, as well as the opposition of Janine Otálora and Reyes Rodríguez, the fall has already ratified federal game resolutions in opposition to the constitutional reform of the Poder Judicial de la Federación (PJF).

“It is constitutionally impossible to prevent the implementation of electoral procedures for the INE as long as there is a norm that constitutionally imposes an attribution and a mandate”, cited the resolution of the highest authority in electoral matters to resolve Decision 209/2024, promoted by the INE. , by declarative action, for which you have requested to issue a declaration tending to guarantee the accumulation of your functions.

La Mata proposed, and it was approved, to declare proceeding with the declaration requested by the INE and to determine that it is inevitable to suspend the electoral processes, “especially with regard to the extraordinary electoral process of the PJF” .

It is not a question of fact, the project was approved by the majority of votes, there are no measures or resolutions of the amparo judges nor their competence to realize their opportunities, because their resolutions do not will not be modified, confirmed or revoked, otherwise it is a decision relating to the request for a declarative action at this time, based on the norm, it is possible that the INE suspends its activities for those which are constitutionally obligated.

“We consider that the declaratory action is in progress because the INE has the purpose of eliminating uncertainty about whether or not it can stop the acts for the conduct of an electoral process,” he explains.

According to the resolution, the INE cannot stop electoral activities that arise from the launch of an electoral process to be constitutionally as intended.

“This is how the Federal Constitution expressly provides that in electoral matters, the institution of suspension of acts of authority does not operate. Therefore, the acts carried out within the framework of the development and organization of the electoral process for the renovation of the powers of the Union cannot be determined by the part of the electoral authority which exercises a mandate and attributions expressly conferred by the Constitution,” he said.

For Reyes Rodríguez, who voted against, with his resolution, the TEPJF implicitly invaded the competence of the PJF organs.