Judicial Reform: time limit for the SCJN to resolve actions of unconstitutionality

The PAN proposed limit periods for the Supreme Court to resolve cases of unconstitutionality (Photo: Cuartoscuro)

In a tense political context due to the approval of AMLO’s Plan B in political-electoral matters in the federal legislature and the expectation generated by the determination of the Supreme Court of Justice of the Nation (SCJN) to ratify it, Damián Zepeda, PAN senator , proposed limiting the determination times of this body.

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During a press conference, the standard-bearer of the National Action Party (PAN) pointed out that there are cases in which the Court has taken years to determine if any legislation is constitutional or not and, regardless of the resolution, said that this should not happen in a democracy, for this reason it proposed that the time limit for these types of requirements to be defined be a maximum of 90 calendar days.

This means that, in case this initiative is approved, once the SCJN receives a constitutional controversy or an act of unconstitutionality, it has a three-month limit to resolve. Zepeda Vidales hopes that this will speed up the ratification of the Mexican legal framework in cases as important as the Electoral Reform of President Andrés Manuel López Obrador (AMLO).

“Set a specific term to the maximum time that the Supreme Court of Justice of the Nation can take the analysis of an action of unconstitutionality or a constitutional controversy”

In this regard, he stressed that there is currently no defined time for the SCJN, which allows excessive prolongation of this type of legal discussions and makes part of the magistrates of the first chamber do “the dirty work” of the president. In such a way that he reiterated in the speed of the resolutions: “justice that is not prompt, is not justice.”

“The Court cannot have a discretionary management of time, it has to behave like a true constitutional court and give priority to actions of unconstitutionality”

In this sense, he pointed out that his intention is not to interfere in how they resolve, but in the time it takes: “I do not want to get involved in how they resolve, I want them to resolve in accordance with the law, but they cannot be taking years”, so raised the limit of three months, something that if compared with other countries in the region, would seem more than enough, since there are countries that resolve in less than a third of what the senator from albiazul proposes.

“I propose a maximum limit of 90 calendar days, three months, maximum for the Court to resolve all actions of unconstitutionality that are presented”

Under this logic, Damián Zepeda recalled that the Court in Spain has a limit of 30 days. Likewise, in Chile there are 10 days that, in extraordinary cases, can be extended up to 20 days. The same occurs in Peru, which has 30 days and which, for administrative reasons, can be extended up to 70 days, in such a way that he thought it prudent to limit the Mexican court to 90.

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Directly from the voice of the PAN member, it was recognized that this initiative came to light with the purpose of influencing the deliberation of the SCJN in relation to AMLO’s Plan B, since it seems to him a temporary issue that must be resolved as soon as possible so that in In the 2024 elections, there is the necessary legal certainty for the elections that will define the presidency of Mexico to take place.

It should be noted that not only will the head of the federal executive be defined in 2024, since in those elections the Congress of the Union (Chamber of Deputies and Senate of the Republic), the head of government of Mexico City and eight entities will be renewed. more federative (Chiapas, Guanajuato, Jalisco, Morelos, Puebla, Tabasco, Veracruz and Yucatán), for which the legal scaffolding is extremely important, particularly for the political opposition.

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