The Upper Room of the Electoral Tribunal of the Judicial Branch of the Federation (TEPJF) determined this Wednesday, by majority vote, that despite the suspensions of protection against judicial reform, he National Electoral Institute (INE) must continue with the organization of the electoral process for elect judges, magistrates and ministers by popular vote.
The determination was made at the proposal of the Judge Felipe de la Mata and with the votes in favor of the presiding judge Mónica Soto and the judge Felipe Alfredo Fuentes Barrera.
What did the Superior Chamber of the TEPJF approve?
The Chamber determined that the suspension of the process by the INE to elect by popular vote for judges, clarifying that it is not the subject of the ruling to rule on the suspensions issued by judges of amparo, which “will not be modified, confirmed, or revoked with the sentence.”
The speaker said that this case is urgent to guarantee the right of citizens to vote. “This matter has to be resolved, that is why I present it,” he said and attacked the protection judges.
He assured that said judges do not have jurisdiction to resolve suspensions on electoral issues, Despite which, he insisted, his decision does not revoke, modify or interfere in any way with the sentences of suspension of protection granted by the District judges.
The case is related to the consultation that the INE made on October 4 for the Superior Chamber of the TEPJF, via declaratory action, to resolve whether or not the suspensions of protection to the electoral authority are applicable.
The request, said the INE, is intended to provide legal certainty in its tasks to fulfill the functions entrusted to it in relation to the extraordinary process for the election by popular vote to judges.
‘It is not the responsibility of the TEPJF’
Judge Janine Otálora Malassis and Judge Reyes Rodríguez Mondragón voted against.
Otálora Malassis argued that the discussion of said file should be postponed and resumed once the Supreme Court of Justice of the Nation (SCJN) resolves the issues related to this case.
He even added that the Superior Chamber has precedents from 2019 and 2022 in which the resolution of cases has been postponed, without violating the Constitution, pending the SCJN ruling on related cases.
“If this decision is not postponed, we would be adopting a decision prejudging what the SCJN determines regarding precisely the issue of powers that has been raised before the plenary session of the highest Constitutional Court of the country,” he pointed out.
Meanwhile, Reyes Rodríguez Mondragón pointed out that the request for declaratory action is inadmissible and added that the TEPJF lacks the jurisdiction to issue a statement on the scope of the suspensions issued by various District judges due to the constitutional reform in judicial matters.
He said that if Judge De la Mata’s proposal is approved, the TEPJ would be exceeding its powers and invading the sphere of competence of other jurisdictional bodies. He pointed out that, although the project ensures that it does not seek to revoke the suspensions of protection granted by District judges, in fact it is doing so.
“This determination is materially equivalent to nullifying the suspensions granted by the District Courts in the case of the National Electoral Institute, which exceeds the jurisdiction of the Superior Court,” he concluded.
