SCJN Minister Alberto Pérez Dayán admitted actions of unconstitutionality against Plan B for treatment (Photo: Cuartoscuro)

This February 21, the Supreme Court of Justice of the Nation (SCJN) admitted for processing actions of unconstitutionality against part of the appeal electoral plan B promoted by the National Action (PAN), Institutional Revolutionary (PRI) and Democratic Revolution (PRD) parties.

The unconstitutional actions that have been admitted are those related to the decree that modified, added and repealed provisions of the General law of social communication and some General Law on Administrative Responsibilities.

The person responsible for admission was Minister Alberto Pérez Dayánwho also determined that the changes to laws previously mentioned they will not be applicable during the elections in Coahuila and in the State of Mexico (Edomex).

The actions of unconstitutionality against Electoral Plan B were promoted by Va por México (@epigmenioibarra)
The actions of unconstitutionality against Electoral Plan B were promoted by Va por México (@epigmenioibarra)

Pérez Dayán argued that the decree is invalid in the 2023 electoral processes because they were enacted during the election ban and the harmful effects that its application could cause.

“Contains fundamental legal changes and if it is not granted, its application could lead to irreparable damage to the democratic system and the fundamental rights it entails,” the SCJN said in a statement.

The reform decree was published in December 2022 in the Official Gazette of the Federation (DOF). In January of this year Pass through Mexico presented on controversy before the SCJN.

The Minister of the SCJN has determined that Plan B in terms of social communication will not come into effect in the 2023 elections (INE/CUARTOSCURO)
The Minister of the SCJN has determined that Plan B in terms of social communication will not come into effect in the 2023 elections (INE/CUARTOSCURO)

The opposition coalition to the National Regeneration Movement (Morena) argued that the amendments to the General Law on Social Communication and the General Law on Administrative Responsibilities involve the use of public resources in campaigns without fairness or transparency.

Especially They accused this part of Electoral Plan B of favoring early campaign acts and the dissemination of disqualifications during the morning press conferences of President Andrés Manuel López Obrador without any sanction.

The National Electoral Institute (INE) also promoted actions of unconstitutionality against these laws in the Supreme Court on the grounds that the changes violate the provisions of the Mexican Constitution and limit their ability to act as the body responsible for monitoring that the electoral processes are carried out in accordance with the principles.

INE also promoted actions of unconstitutionality against Plan B (GlobeLiveMedia México / Jovani Pérez)
INE also promoted actions of unconstitutionality against Plan B (GlobeLiveMedia México / Jovani Pérez)

“This contravenes the model of social communication and government propaganda established in Article 134 of the Constitution, which prevents the INE from exercising its function of safeguarding, among other principles, impartiality and equity in the competition,” the electoral body said in a bulletin.

In particular, the INE charged before the SCJN that this part of plan B goes against the constitutional provision which establishes that government message They should have institutional content and in no case a personalized propaganda allowing the positioning of public officials.

Meanwhile, the part of the Plan B reform package that is pending approval began to be discussed at the Union Congress two weeks into the regular term. February 20 was approved in Senate committees, without the “eternal life” clause.

Plan B advanced in the Senate (GRACIELA LÓPEZ / CUARTOSCURO)
Plan B advanced in the Senate (GRACIELA LÓPEZ / CUARTOSCURO)

The opinion on electoral matters was approved by 11 votes for and 6 against within the Governance Commission. In the Legislative Study Commission, approval was obtained with 9 votes for and 5 against.

The change to Article 12 of the General Law on Electoral Institutions and Procedures (LEGIPE) was not included in said notice. It was a change by which the voice transfer in coalitions, which would allow political parties to retain their registration even if they did not have the minimum number of votes established by law.

After the vote, the rest of the draft decree, with the exception of the article relating to the “eternal life clause”, will be transmitted to the Administrative Council of the Senate of the Republic, with which it will be voted on in plenary session. . February 23.

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