The Secretary of the Interior, Luisa Maria Mayorwarned this Tuesday that the Supreme Court of Justice of the Nation (SCJN), as the highest Court, should not only adjust their own salaries but defend compliance with the Constitution and ensure that no official earns more than the President.
“It is a legal matter but, above all, it is a moral and social justice matter,” warned the federal official through her social networks.
On June 27, he requested the Minister President of the Court, Norma Piña, a report on the actions that the SCJN has carried out to comply with article 127 of the Constitution, which states that no public servant may receive remuneration greater than that established for the President of the Republic.
On Monday, the Supreme Court responded to the Ministry of the Interior that the salaries of judicial officials cannot be reduced due to acts from other powers.
This morning, in his press conference, President Andrés Manuel López Obrador described as legule the response of the ministers of the Courtwho refused to reduce their salary because they have done it before.
The head of the Executive stressed that no public servant may have a remuneration equal to or greater than his hierarchical superior, according to the Constitution, only in specific cases.
“Such an answer was to be expected, leguleyabecause article 127 of the Constitution is very clear, and the ministers of the Court are violating it,” the president said at his morning press conference at the National Palace.
The man from Tabasco showed again the salary that the ministers receive, as well as the “40 excesses of the Judiciary” that at the time the president of the Political Coordination of the Senate, Ricardo Monreal, denounced.
“I understand their response very well, all that remains is to send a more precise initiative to reform the Constitution, because they say that the Constitution is not clear, it is not specified well in the Constitution. So everything must be detailed,” said López Obrador. .
“Then I am going to send that bill at the time, we are just going to wait and see if it will have a qualified majority in the next legislature, because it is a reform to the Constitution. Remove all this because it is an abuse, it is offensive “.
The Court says No to lowering salary
On Monday, the SCJN recalled that, as a measure of rationality in public spending, since 2019 the remuneration of the 11 ministers has been reduced by 25 percent compared to what was received in the 2018 fiscal year.
It also pointed out that article 94 of the Constitution establishes that the remuneration of ministers, magistrates and judges, as well as the advisers of the Federal Judiciary and electoral magistrates, cannot be decreased during their tenure.
The Court highlighted that, although it is not obliged to respond to this letter, it considers it important to strengthen the dialogue between the Powers of the State and render accounts to society, in line with the provisions of article 134 of the Constitution. Therefore, you provided the requested information.
The SCJN explained that in January 2019 a statement was issued informing about the reduction in the remuneration of ministers.
This was done in compliance with Article 127 of the Constitution, which establishes the principle that equal pay corresponds to equal work. In addition, it was clarified that the perceptions of the ministers cannot be differentiated or diminished by acts of other powers.
However, the Court indicated that, in exercise of its independence and autonomy in budget management, it can regulate the remuneration of its members under the principles of efficiency, effectiveness, economy, transparency and honesty established by the Constitution.
In this sense, it was agreed that the salaries of the 11 ministers would be reduced by 25 percent compared to the fiscal year of 2018 as a measure of rationality of public spending.
The SCJN also recalled that it issued a pronouncement in May 2019 when resolving an unconstitutionality action, in which it was determined that a remuneration not only includes the gross salary assigned in the Expenditure Budget of the Federation, but also all the benefits of the charge, such as food, transportation, room, household items, security and health services, among others.
Likewise, the invalidity of some articles of the Federal Law on Remuneration of Public Servants was declared, due to the lack of objective parameters established by the Legislative Power to set remunerations that comply with the characteristics required by article 127 of the Constitution.
Finally, the SCJN highlighted that the remuneration of ministers, in accordance with the provisions of Article 127 of the Constitution and the Expenditure Budget of the Federation, are of a public nature.
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