Night Session of the Senate of the Republic
Debate begins in the Senate to approve “constitutional supremacy”
The plenary session of the Senate of the Republic has begun to debate the so-called constitutional supremacy.
In a night session, with the presence of 110 senators, the third this Thursday, the majority of Morena and its allies are expected to approve a reform to the Constitution that would block the Supreme Court from declaring unconstitutional the judicial reform, which was approved by the Congress of the Union at the beginning of October.
What is constitutional supremacy?
On the afternoon of October 22, Senator Adán Augusto López presented an initiative to modify articles 1, 103, 105 and 107 of the Constitution to prevent that when a reform is published there cannot be any protection trial against it.
The proposal arose after the amparo trials promoted against the judicial reform, and the controversy between the president of Mexico, Claudia Sheinbaum, and Judge Nancy Juárez.
Although on repeated occasions the federal president has assured that a judge of the Judicial Branch cannot order anything against a reform approved and published in the Official Gazette of the Federation, the Juarista assures that she does have influence.
Given this, the national leader of Morena, Luisa María Alcalde announced that a reform would be proposed so that no one is above the Constitution, which was called “Constitutional Supremacy.”
SUN
Senate endorses that judicial reform is not eliminated from the DOF
In response to the query made by the President of Mexico Claudia Sheinbaum to the Senate regarding the ruling issued by Judge Nancy Juárez, which orders the Executive to delete the judicial reform decree from the “Official Gazette of the Federation” (DOF), the Plenary session of the Upper House determined that the President of the Republic lacks the powers to eliminate said publication.
With the opposition voting against, Morena and its allies approved a document signed by the president of the Board of Directors, Gerardo Fernández Noroña, which establishes that:
“This sovereignty considers that the President of the Republic lacks the powers to carry out the elimination of said official publication ordered by the head of the nineteenth district court in the state of Veracruz, with residence in the city of Coatzacoalcos, acting in the proceedings of the amparo trial 823/2024, especially that in the seventh bis article of the law of the Official Gazette of the Federation and government gazettes, clearly and without a doubt, establishes the mandatory principle of the integrity and inalterability of the ‘Official Gazette of the Federation’, which I communicate to you for all legal purposes that may be appropriate.”
In the end, the response document to President Claudia Sheinbaum was approved with 81 votes in favor and 36 against.
SUN.
Senate dispenses first reading to “constitutional supremacy”
The plenary session of the Senate dispensed with the first reading of the opinion on the reform of the so-called constitutional supremacy, which establishes that actions of unconstitutionality and constitutional controversies against reforms or accessions to the Magna Carta are inadmissible.
The president of the Senate Board of Directors, Gerardo Fernández Noroña, reported on the corresponding process, so it is expected that said constitutional reform will be discussed and approved in a third night session.
The opinion establishes reform to articles 105 and 107 of the Constitution, to elevate to constitutional rank that the reforms to the Cara Magna cannot be challenged or suspended.
SUN.
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