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Reginald Sandovalbench leader of the Labor Party (PT) to the Chamber of Deputies, presented and detailed what his Reform of the judiciary of the Federation, where the structure of the Supreme Court of Justice of the Nation (SCJN) and the Federal Judicial Council (CJF).
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During a press conference, the economist Sandoval Flores specified this Wednesday, March 8, that to concretize the changes he proposes in the structures of the said power, Articles 94, 97 and 100 of the Constitution must be amended Policy of the United Mexican States (CPEUM), that is, for this reform to be approved, the qualified majority (two thirds) of the Congress of the Union (Chamber of Deputies and Senate of the Republic).
According to the federal legislator, this initiative aims to “eliminate the fact that the SCJN and its ministers are the only public power in the republic that is answerable to no one and which cannot be investigated by anyone but themselves”.
In this respect, he recalled that the last modification of the judicial system was made with the arrival of Ernesto Zedillo in power (December 1, 1994), because, when he was appointed president, he presented his reform initiative to the Senate, which endorsed it in Expresswayto then be taken to San Lázaro and also approved there on an expedited basis, so that the initiative was approved on December 21, published in the Official Gazette of the Federation (DOF) on December 30 and entered into force on 1 January 1995.
Then he detailed what the changes were and what it would look like reformed the structure of the SCJN and the CJF. The said reform, he explained, is based on three pillars where the supervisory capacity is extended to the judiciary and the presidency of the Court and the Council are divided.
1. Modify the second paragraph of the Article 94 of the Constitution granting the Judicial Council the power to investigate the entire judiciary, including the Supreme Court of Justice of the Nation. Current label:
“The administration, vigilancia y disciplina del Poder Judicial de la Federación, with the exception of the Supreme Court of Justice of the Nation, estarán a cargo del Consejo de la Judicatura Federal en los términos que, conforme à las bases que señala esta Constitución, establezcan laws”
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Withdrawal : “with the exception of the Supreme Court of Justice of the Nation”.
2. Modify the third paragraph of the Article 97 of the Constitution, granting the Judicial Council the power to inquire into the conduct of judges, magistrates and ministers at any time. Current label:
“The Supreme Court of Justice of the Nation may request the Federal Judicial Council to inquire into the conduct of any federal judge or magistrate.”
It is replaced by : “The Federal Judicial Council may at any time inquire into the conduct of any judge, magistrate or minister of the judiciary of the federation”.
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3. Edit the second paragraph of the Article 100 of the Constitution modify the integration and the procedure for appointing the president and advisers of the Federal Judicial Council. Current label:
“The Council will be composed of seven members, one of whom will be the President of the Supreme Court of Justice, who will also be the President of the Council; three advisers appointed by the Plenary Assembly of the Court, by a majority of at least eight votes, from among the circuit magistrates and the district judges; Two Councilors appointed by the Senate, and one by the President of the Republic.
They want the President of the Council and the Court to be two different citizens, which will be designated in different lists. These short lists will be voted on by the legislator and will be chosen if they reach the qualified majority. If this is not the case, the President of the Republic will send a new shortlist and if, for the second time, the qualified majority is not reached, The President of Mexico will appoint the President of the Judicial Council. among the members of the second shortlist presented.