Judicial reform: time limit for SCJN to resolve unconstitutionality actions

In a tense political context due to the approval of the AMLO Plan B in politico-electoral matters within the federal legislature and the expectation aroused by the determination of the Supreme Court of Justice of the Nation (SCJN) to ratify it, Damien Zepedasenator of PANproposed to limit the determination times of this body.

During a press conference, the standard-bearer of the National Action Party (PAN) pointed out that there are cases in which the Court has taken years to determine whether legislation is constitutional or not and, regardless of the resolution, said that should not happen in a democracy, for this reason, he stated that the time frame for defining these types of requirements are up to 90 calendar days maximum.

This means that in case of approval of this initiative, once the SCJN receives a constitutional controversy or an act of unconstitutionality, it has a period of three months to resolve. Zepeda Vidales hopes this will speed up the ratification of the Mexican legal framework in cases as important as the Electoral reform of President Andrés Manuel López Obrador (AMLO).

“Setting a specific time limit to the maximum time that the Supreme Court of Justice of the Nation can take the analysis of an action of unconstitutionality or a constitutional controversy”

In this regard, he pointed out that there is currently no set time for the SCJN, which makes it possible to excessively prolong this type of judicial discussions and makes some of the magistrates of the first chamber do “the dirty work ” Of the president. In such a way that he reiterated in the speed of resolutions: “Justice that is not prompt is not justice”.

“The Court cannot have discretionary time management, it must behave like a true constitutional court and give priority to actions of unconstitutionality”

In this sense, he stressed that his intention is not to interfere in the way they solve, but in the time it takes: “I don’t wanna get into how they solveI want them to be resolved according to the law, but they cannot take years”, which is why he raised the limit to three months, which compared to other countries in the region would seem more than enough, because there are countries that resolve themselves in less than a third of what senator albiazul proposes.

“I propose a maximum limit of 90 calendar days, three months, maximum for the Court to resolve all actions of unconstitutionality that are presented”

In this logic, Damián Zepeda recalled that the Court in Spain has a 30 day limit. Likewise, in Chile he has 10 days which, in extraordinary cases, can be extended up to 20 days. The same thing happens in Peruwho has 30 days and which, for administrative reasons, can be extended until 70 daysin such a way that he thought it prudent to limit the Mexican yard to 90.

Directly from the voice of the PAN member, it was acknowledged that this initiative came about with the aim of influencing the deliberation of the SCJN in relation to the AMLO Plan Bbecause it seems to him a situational question which must be resolved as soon as possible so that in the future election 2024 there is the necessary legal certainty for the elections that will define the presidency of Mexico to be carried out.

It should be noted that not only the direction of the federal executive will be defined in 2024, since in these elections, Trade union congress (Chamber of Deputies and Senate of the Republic), the Head of Government of the Mexico City and eight entities more unifying (Chiapas, Guanajuato, Jalisco, Morelos, Puebla, Tabasco, Veracruz and Yucatán), for which the legal scaffolding is extremely important, especially for the political opposition.