Mexico.- The element of time and eight votes of the eleven ministers that make up the Supreme Court of Justice of the Nation (SCJN) could stop the application of the secondary laws of Plan B in electoral matters approved and those that remain to be approved by the Legislative Power.
The process is resumed
Given that at the close of the regular session last year it was no longer enough for the House of origin (Deputies) to accept the review process requested by the Chamber of Senators to approve the reforms to four of the pending laws on electoral matters proposals by the Executive, the permanent commission that represents the congresses in recess periods was formed.
However, there Morena does not have a qualified majority, in such a way that the process had to be extended until February 1, when the next session will begin.
For the expert in electoral matters Andrés López Muñoz, a possible fast track approval of the pending secondary laws is perceived, which includes the General Law of Electoral Institutions and Procedures, the General Law of Political Parties and the Organic Law of the Judiciary of the Federation, as well as the issuance of the General Law of the Means of Challenge in Electoral Matters.
Unconstitutional
The next step begins from the publication in the Official Gazette of the Federation of the laws that are approved, from where 30 calendar days will be given for the political actors to go to what they have already announced, López Muñoz explained that the actions are of unconstitutionality that must be presented to the Judiciary, because from his particular point of view a large number, if not the majority of the proposals that would be endorsed contravene the Constitution, “where there is a legal principle that says that no secondary law can contravening the General Constitution of the Republic, not even the laws and constitutions of the states, the Constitution is the maximum law, it is the law of laws and all laws, in such a way that the actors must resort to this resource”.
He stressed that these actors could be leaders of political parties, 33 percent of deputies or 33 percent of senators in disagreement, and even the National Electoral Institute (INE) or the National Human Rights Commission (CNDH).
So that dissatisfied deputies reach 33 percent, shall gather the support of 165, out of a total of 500 deputies that make up the legislature, while only 42 of the 127 senators in office are needed, as established in article 105 of the Constitution.
legal times
After the publication of the laws approved in the Official Gazette of the Federation, which could take place between February 2 and 5, in the event that the fast track occurs as planned, since Morena is a majority in the chambers, 30 must run business days before the Supreme Court of Justice of the Nation begins the constitutionality study, that is, review that each of the reforms that have been made do not contradict the Constitution, because if so it would be rejected and for this to happen, This body requires the vote of 8 of the 11 ministers that make it up, according to article 105 of the Constitution that specifies constitutionality actions.
On the other hand, article 225 of the General Law of Electoral Institutions and Procedures (Legipe), in its first section, establishes that the ordinary electoral process begins in September of the year prior to the electionwhich means that the ordinary electoral process of 2024 where the President of the Republic, 500 deputies and 128 senators will be elected, as well as 9 governors and 30 local legislatures, the process begins on September 1, 2023.
The 90 days before
Likewise, article 105 of the Constitution establishes that any reform in electoral matters is prohibited 90 days before the beginning of the electoral process. “If we take into account that the electoral process begins on September 1 and we count back 90 calendar days, we will be talking about June 2 as the deadline for any electoral reform to be endorsed, so finally the SCJN would only have three months to resolve the actions of unconstitutionality”, explained López Muñoz.
In this way, López Muñoz said, the only instance that would remain to be able to resolve the confrontation between the Executive and the 4T with the various political actors and institutions that do not share his point of view, including the INE, is the SCJN.
It depends on the SCJN
“If the Court, in the supposed case that comes to determine that no article contradicts the Constitution, according to Plan B endorsed by the Congress of the Union, then the discussion is over and the President of the Republic will be successful and will be able to say that He was right, but it could be the opposite and the opposite could be that he says everything is unconstitutional and goes backwards and the discussion is over, because there will no longer be time to make a new reform or a new legislative process in the Congress of the Union ” .
In the same sense, Jaime González Ochoa, author of various books on electoral matters, highlighted that generally the SCJN takes a reasonable amount of time to analyze constitutional actions, since it must turn it over to a rapporteur minister who receives all the information and as soon as he considers it appropriate, he submits it to the plenary session.
“Generally, the Court takes its time because it must turn it over to a rapporteur minister who receives all the information and when it deems appropriate, submits it to the plenary session. The times would no longer allow for the start of the electoral process if we consider that it is September 1 and 90 days before there can be no reforms to any electoral law, so it should be resolved before the last day of May and the times They are not there for that Plan B to be approved ”.
He stressed that It would be necessary to see if the Court accelerates the process, but it is something rarebecause it is not easy to review and if it conforms to what the Constitution establishes, he added, everything is subject to first approval in the Legislative Branch, then unconstitutionality actions are presented, these reach the SCJN and finally it is given a review and everything remains in the hands of the 11 ministers that make it up.
Chronology of possible scenarios
In the event that the pending laws of Plan B on electoral matters are approved on February 1 by the Legislative Branch, they would be published in the DOF.
Morena legislators are expected to fast track approve the pending Plan B reforms, which could be published between February 1 and 5 in the DOF.
Political actors will have 30 calendar days to present unconstitutionality actions before the SCJN in the event that they consider what was approved unconstitutional.
The SCJN does not have a defined date to resolve the actions of unconstitutionality, but for any reform to be achieved they must be resolved on the last day of May.
On September 1, 2023, the electoral process for the 2024 presidential elections begins and 90 days before, no modification to the electoral law should be made.
The Data
Electoral process
The General Law of Electoral Institutions and Procedures (Legipe) establishes that the ordinary electoral process begins in September of the year prior to the election, that is, on September 1, 2023, for elections in 2024.
The Voice of the Expert
“I see the PAN and PRI negotiating on the reform”: Miguel Ángel Vicente, Lawyer
“Although the issue is not so positioned in public opinion, it is convenient for the government that it is, but in the end it will happen,” said analyst Miguel Ángel Vicente Rentería. “Modifications were made so that it can be approved, it was not constitutional, but to secondary laws; I see the PAN and PRI negotiating to make this reform possible. The president’s original idea was of an economic nature because the objective was to take away the INE’s budget and that happened, but he was not satisfied ”.
We recommend you read:
Regarding the reduction of more than 80% of workers in the career service and the administrative branch, which is included in the proposal, Vicente pointed out: “It is a setback for democracy, there can be no democracy without the INE, thanks to the INE it won López Obrador y Morena cannot say that the INE is not doing its job, if the problem is economic they should carry out an audit, but not by reducing local organizations and cutting the budget for trained personnel”. By Lucia Mimiaga
#Plan #clock #reach #electoral #process