To confirm “constitutional supremacy” and neutralize the rain of judicial suspensions against the reform of the Judiciarydeputies and senators of Morena and her allies from the PT and PVEM They presented a new constitutional reform initiative.
The proposal, presented in the Senate as the chamber of origin, suggests modifying the articles 103, 105 and 107 of the Constitutionto establish that the protection trials nor the means of control against constitutional reforms.
After the leader of the Morenoist deputies announced it, Ricardo Monrealin a meeting with the president of his party, Luisa María Alcaldewas presented on the Senate platform by the leader of Morena in the upper house, Adam Augusto Lopezwho stated that “this initiative demonstrates that the reforms or additions to the Constitution are the highest expression of the sovereign will of the people of Mexico.”
He added that “the Judicial Branch of the Federation is in charge of defending the Constitution through its interpretation and application, but not its modification,” he stated. He insisted that the constitutional amendments should not be subject to resources such as protection.
What modifications will the reform have to annul protections?
In the wording of the initiative for reforms to article 103, it is proposed that “the reforms and additions to this Constitution, its form, procedure and substance, are excepted from the provisions of the previous sections, against which there is no trial or appeal to the court in no case.”
The transitional articles order the repeal of “all provisions contrary to the content,” as of the entry into force of this decree. It notes that “trials, appeals and consultations in which the validity of an addition or reform to this Constitution has been questioned due to its form, procedure or substance, and which are in process as of the date of entry into force of this decree, “They will be directly subject to what it provides, they will be left without matter and will be dismissed.”
Furthermore, the fifth transitory requires that the norm be interpreted literally and prohibits “analogous” interpretations. The president of the Senate Board of Directors, Gerardo Fernández Noronareported that the initiative took turns at united commissions of Constitutional Points and Legislative Studies. It was anticipated that it could be approved this Thursday.
The initiative was also signed by Fernández Noroña; the president of the Board of Directors of the Chamber of Deputies, the Morenista Sergio Gutierrezand by Ricardo Monreal himself, who explained that “it is a bill to reaffirm the constitutional supremacy and the reforming power, because we are permanent constituents.”
“It is about elevating the first section of article 61 of the Constitution to constitutional rank. Protection Lawwhere it is established that neither the amparo trial nor any action derived from it is appropriate, as suspensions against reforms to the Constitution,” he explained.
It is established that “neither amparo nor unconstitutionality actions nor controversies are applicable against any reform and its legislative process, but neither is it applicable against electoral matters,” he said.
Opposition calls Morena’s reform authoritarianism
The leader of the PAN senators, Guadalupe Murguiasaid that “it is an expression of the Morena’s authoritarianisman implicit admission that protection, constitutional controversies and unconstitutionality actions do apply, so much so that today they want to put a constitutional dam on it.”
The PRI Alejandro Moreno He described the initiative as “madness” because it seeks to “silence” judges and magistrates and agreed that there is “a recognition that the Court does have the power to review judicial reform.”
