MÉXICO, (June 23, 2021).- A federal judge admitted an injunction to challenge the extension of the mandate of Arturo Zaldívar as the President of the Supreme Court of Justice of the Nation (SCJN) for two more years.
This admission will become the first demand for guarantees that will be studied on the case.
The injunction was admitted by Laura Gutiérrez Velasco Romo, Seventh District Judge in Administrative Matters of Mexico City, who accepted to analyze the appeal that claims the incorporation of the Thirteenth Transitory Article to the Organic Law of the Judicial Power of the Federation.
The judge called for next August 4 to carry out the constitutional hearing to define whether protection of justice is granted to the complaining party.
The Supreme Court president, Arturo Zaldívar, announced on June 14 that the process was activated for the plenary session of the body to rule on the reform that extends his term as president of this institution for two years.
“I share a letter by which I activate the procedure for the plenary session of the SCJN (Supreme Court of Justice of the Nation) to rule, as soon as possible, on the constitutionality of the thirteenth transitory article of the judicial reform, ” Zaldívar reported on Twitter.
Comparto escrito por el que activo el procedimiento para que el Pleno de la SCJN se pronuncie, a la brevedad, sobre la constitucionalidad del artículo décimo tercero transitorio de la reforma judicial. pic.twitter.com/ovrggBtAOj— Arturo Zaldívar (@ArturoZaldivarL) June 14, 2021
In a statement published on his official Twitter account, Zaldívar recalled that on June 7, the reforms to the Judiciary “the most important in the last 25 years” were published in the Official Gazette of the Federation (DOF).
He said that this reform was possible thanks to an “unprecedented effort” of the different powers and recalled that during the debate in Congress, an article was added that allows him to extend his current term as head of the Supreme Court and the Federal Judicial Council.
This provision has been highly questioned since it has been pointed out that it may violate articles 97 and 100 of the General Constitution, as well as the principles of independence and autonomy ”of the Judicial Power, he admitted.
For all these reasons, he considered that the Plenary should establish “a position as soon as possible.”
And as president of the Supreme Court, he submitted this consultation to the court for consideration, which contemplates several questions about the possible unconstitutionality of that article, the clash with other laws, and the Supreme Court’s role in this controversy.
Zaldívar explained that to “settle” these controversies, he will instruct “the formation of the file and its turn to the corresponding minister for the elaboration of a project that responds to all the issues raised, so that, with speed, it is safeguarded the autonomy and independence of the Judicial Power ”.
When questioned about the publication of Zaldívar, Mexican president, Andrés Manuel López Obrador, reiterated his support and trust at a press conference and described him as a “man of integrity and honesty”.
He affirmed that his permanence at the head of the SCJN and the Council of the Judiciary “is the only possibility to reform the Judicial Power” and defend the people’s interests and not only of a minority.
And he clarified that Zaldívar is not about reelection but rather that his term ends in 2024. Although he acknowledged, the other judges of the court must support him, but he doubted that he will get their support since they were appointed in previous governments.
On June 8, Zaldívar had announced his intention to present this consultation to the plenary session of the supreme court.
The controversial reform to the Organic Law of the Judicial Power of the Federation and the Law of Judicial Career of the Judicial Power of the Federation, which includes the extension of Zaldívar’s management from 2022 to 2024, was published a week ago by the Mexican Government.
The controversial article establishes that the person who, upon its entry into force, holds the Presidency of the SCJN and the Federal Judicial Council will last in that position until November 30, 2024.
Originally, the term of Arturo Zaldívar at the head of the Supreme Court was to end in 2022, since the presidency of the Judiciary has a term of four years.