Morena legislators presented an initiative to shield the Constitution against any legal appeal filed in the different bodies of the Judiciary, headed by the Supreme Court of Justice of the Nation (SCJN).
This means that no amparo trial or other legal tool stops or invalidates a reform already approved and published in the Magna Carta, such as the case of the judicial reform that seeks the popular election of judges and magistrates, against which there have been several appeals for stop it.
The proposal, announced by Adán Augusto López, coordinator of the Morena senators, will modify articles 1, 103, 105 and 107 of the Constitution. Basically, it seeks to eliminate conventionality control, that is, that the laws of the Magna Carta be reviewed in accordance with international legal treaties and conventions. This means that the Constitution would regain its “supremacy” over any other law.
The other modifications seek to prevent legal appeals and claims, such as unconstitutionality actions or amparo trials, against changes made to the country’s highest legal document.
“The reforms to the Constitution are the highest sovereign expression of the people of Mexico, they are a collective political decision, clothed with a special democratic dignity,” said Adán Augusto López Hernández when announcing the initiative.
Ricardo Monreal, leader of the federal deputies of Morena, explained that this proposal is made “to avoid any arbitrariness, invasion of the sphere of competence and also the discretionary use of the justice bodies.”
Opposition legislators demonstrated against what they consider “the most dangerous reform to the legal order in history,” according to Senator Clemente Castañeda (MC).
“Getting creative: if the regime wanted to prohibit women from voting or approve presidential re-election, it could do so, without anyone being able to dispute such madness,” he said.
Carlos Burguete, criminal partner at LVMG Abogados, warned that there will no longer be any defense mechanism against any other initiative that modifies the Constitution, even if it violates the international treaties to which Mexico is a party, for example, those that have to do with the defense of human rights or minorities, for example, indigenous peoples.
The professor and law academic at the Universidad Panamericana (UP), Armando Cruz Covarrubias, pointed out that the party or group in power will be able to modify the Constitution to their liking, since they will be able to argue that there are no controversies with human rights or with the Charter. Magna.
“When you have a majority, as is the case in Mexico today, by a political party, you can put anything in the Constitution and say that it is constitutional because it is in the Constitution, even though it is arbitrary and one thing. that affects There is no longer a review of anything,” he explained.
Héctor Ruiz López, lawyer and teacher in Constitutional Law and Amparo, stated that the main intention of the initiative is not to review the legislative process to approve constitutional reforms, leaving citizens without protection.
The “Constitutional Supremacy” initiative is worrying
The PAN, PRI and MC benches in the Senate of the Republic rejected the reform initiative called “Constitutional Supremacy” announced by Adán Augusto López, coordinator of Morena in the Senate, who presented to the plenary session the plan to modify articles 1, 103, 105 and 107 of the Magna Carta so that no legal appeal filed in the Judiciary stops or invalidates a reform.
The initiative, announced in a meeting with the national president of Morena, Luisa María Alcalde, was published in the Parliamentary Gazette yesterday. It was signed and supported by more than 50 senators from Morena, PT and PVEM. It is expected to be ruled immediately.
In this regard, Senator Clemente Castañeda indicated that the implications of this reform leave people without mechanisms to defend themselves against any constitutional reform that damages their rights.
“To measure the severity, Morena has control of the Executive, the Congress of the Union and Local Legislatures. If this reform is approved, it would grant absolute control to the regime and could mortgage the constitutional rights of this and future generations,” indicated the MC senator.
“I hope in Morena there is someone with the political stature to stop this barbarity. People’s human rights are at stake. From the Citizen Movement we will fight, with arguments and ideas, to stop this serious regression,” said the Emecista.
“With this measure, what is sought is to establish an authoritarian regime. This is not a constitutional reform, it is an expression of Morena’s authoritarianism,” warned the head of the PAN group, Guadalupe Murguía.
Senator Alejandro Moreno, leader of the PRI, declared that the reform initiative represents “an outrage” to the legislative process.
“It is an authoritarian act that seeks to consolidate power and silence the Opposition and those who disagree. It shows that the ruling party recognizes errors in the reform of the Judiciary and seeks to correct them, literally, with courage,” he expressed.
It also generated reactions among academics and officials. Javier Martín Reyes, constitutional lawyer at UNAM, explained that the initiative is an admission disguised as a reform. “If they need to clarify that the constitutional reforms will not be challengeable, it is because they fear that today they will be,” he wrote on the social network X.
Roberto Gil Zuarth, former president of the Senate of Mexico, questioned: “Why is Morena accelerating a new constitutional reform to tie the hands of the Judiciary and to annihilate the pro-person principle?” Morena’s new reform initiative to the CPEUM is, without exaggeration, supremely stupid,” mentioned the lawyer specialized in tax defense.
Given this initiative, the Prodh Center points out that the unchallengeability of the constitutional reforms represents a setback for human rights.
“The reform that has been proposed regarding the unchallengeability of constitutional reforms modifies Article 1 of the Constitution, which cost so much to achieve and which is key to incorporating the international treaties that protect people the most. It is therefore a setback for Human Rights,” the NGO expressed in its X account.
Agencies
What is it and what is modified?
The initiative seeks to modify articles 1, 103, 105 and 107 of the Constitution to prevent that when a reform is published there cannot be any amparo lawsuit against it.
- In 103: “The reforms and additions to this Constitution, its form, procedure and substance, are excepted from the provisions of the previous sections, against which no trial or appeal is possible, in any case.
- In 105 it is added: “Constitutional controversies or unconstitutionality actions that seek to challenge the additions or reforms to this Constitution, including its deliberative, legislative and correlative process up to the vote, are inadmissible, as well as those that seek to challenge the resolutions or declarations of the competent authorities in electoral matter.”
- In 107 it is added: “The amparo trial will not proceed against additions or reforms to this Constitution, including its deliberative, legislative and correlative voting process, as well as those that seek to contest the resolutions or declarations of the competent authorities in electoral matters.”
Claudia addresses the topic of investment with Carlos Slim
President Claudia Sheinbaum had her first formal meeting with businessman Carlos Slim and Francisco Cervantes, president of the Business Coordinating Council (CCE), at the National Palace.
This meeting marks a key moment in the relationship between the new Government and the business sector.
Slim and Cervantes were received by the presidential assistant at the entrance to Corregidora Street, where it was anticipated that they would share a meal with the head of the federal Executive and where the businessman expressed that it was a first approach to learn about the projects for the country.
This meeting between the President and Slim occurred a week after Claudia Sheinbaum participated in the CEO Dialogue Mexico-United States summit, where investments of more than 20 billion dollars were announced for next year in Mexico and when specialists consider that Efforts must be redoubled in terms of the economy.
Agencies
Approach with joint plans
Businessman Carlos Slim pointed out that the issue of private investment was addressed. “A lot of potential, a lot of strength for when we start doing things with the United States that are increasingly more and more important,” he said.
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