Chamber of Deputies, without legislative omission in charge of INE for revocation: SCJN

By majority, the plenum of the Supreme Court of Justice of the Nation (SCJN) determined that the Chamber of Deputies should not be involved in legislative action without entering into a specific part of the National Electoral Institute (INE) in order to powder it after consulting the revocation of presidential mandate.

We continue this discussion in the plenum of unanimous affidavits and actions of unconstitutionality presented by the coalition legislators “Go to Mexico”On the subject of revocation, the Supreme Court will re-examine the validity of the articles Quarto and Quinto transitorios de la Ley Federal de Revocación de Mandato (LFRM).

Opposition lawmakers argue the motion of the Chamber of Deputies should not be included in the presidency INE the necessary resources in order to be able to carry out the mandate revocation process.

The plenum considers that there is no express mandate in the Constitution for the regular purpose of the superstition. Asimismo, determines that in the article transient of the constitutional reform of December 2019 is exclusively established that the ownership of the attributions that the Constitution confers on INE in the matter of popular consultations and mandate revocation, they are covered on the basis of the availability of presuppositions for the present ownership and the subsequent ones.

Asimismo, in this session the full SCJN declares the unconstitutionality of Article 59 of the Federal Mandate of Revocation of Mandate, then the legislature incurs a unanimous legislative motion respecting the dispute in Articles 35, 41, and 99 of the General Constitution, by referring to the General Law of the System Election Matter in Electoral Matter does not imply adequate media of guarantees that guarantee the legality of the acts or resolutions that govern the mandate revocation process.

Además, la SCJN determined the unconstitutionality of Article 61 of the Ley Federal de Revocación de Mandato there is a relative legislative omission in respect of the dispute under Article 35 of the General Constitution, by referring to the Ley General of Institutions and Electoral Procedures without having carried out the normative provision to sanction conductual relations in the process of revocation of the mandate Republic.

Where reference is made to the invalidity of Articles 59 and 61, relating to relative legislative committees, the SCJN determined that the Congress of the Union should legislate for an impugnation regime, as well as sanctions for late payments during the consultation.

Finally, to end the process of revocation of the mandate of the President of the Republic, the invalidates will take effect from 15 December 2022, close to concluding the first period of sessions, without prejudice to the fact that the Congress will prevail necessary allowances.

Thus, in spite of the compliment of the sentence, the authorities and tribunals must collect the complaints of the matter, within the means of existing defense media in the Ley General of the Electoral Matter Media Systemwaiting for what is most compatible.

During the March preview session, with the decisive vote of the Minister Arturo Zaldívar Lelo de Larrea, the Supreme Court decided to hold the question of the consultation of the presidential mandate revocation, aun when the opposition opposition used by Morena and the governor make an “ratification” of the cargo.

The weddings, by decision of a minister, the SCJN order that no type of criminal or administrative liability be enforced against the counselors of the INE for its decisions in turn to the consulting office of mandate. We also ratified that the electoral organ should realize that it has consulted with the presumption that it is available.

kg



Reference-www.eleconomista.com.mx

Leave a Comment