After its publication in the DOF, various constitutional challenges were filed against Plan B (SCJN)

Since the entry into force of the call Electoral Reform Plan B, various political and civic organizations, institutions and municipalities have begun filing challenges of unconstitutionality before the Supreme Court of Justice of the Nation (SCJN). As of this Sunday, the judiciary has already dealt with nearly a dozen appeals concerning the first part of the reform package.

The Minister Alberto Perez Dayan On March 1, he acknowledged the controversy promoted by the National Electoral Institute (INE) against the law on social communication and the general law on administrative responsibilities, within the framework of the said first block of plan B.

Similarly, until Sunday March 5, the same lawyer gave access to seven other controversies. These are the procedures promoted by various municipalities. They are Naucalpan and Cuautitlán Izcalli, in the State of Mexico; Matamoros, Monclova and Sierra Mojada, from Coahuila, as well as Comonfort and Guanajuato, from Guanajuato.

Minister Alberto Pérez Dayán.  (dark room)
Minister Alberto Pérez Dayán. (dark room)

However, Pérez Dayán did not grant the suspension requested by the demarcations to stop said laws in their territories, since they are general norms. To these challenges is added another promoted by the municipality of Chihuahua, which was also admitted a few days ago.

Meanwhile, with regard to the procedure promoted by the electoral authorities, the Supreme Court held that the reforms applied they involve a “direct violation” to the functions of the INE as an autonomous constitutional body. Faced with this, Minister Pérez Dayán suspended these precepts so that they would not be applied in the next electoral elections to be held in the State of Mexico and Coahuila this 2023. In addition, he granted a period of 30 working days for the executive or legislative branch to submit a response.

However, faced with the work of the minister, the Mexican presidency accused him of having committed a “fraud on the Constitution”. Through a press release, the office announced that, through the legal department, it was challenging Pérez Dayán’s decision after he suspended the application of general reforms to the Social Communication and Administrative Responsibilities Act in the states of Coahuila and Edomex.

Plan B for electoral reform has been promoted by AMLO (REUTERS/Henry Romero)
Plan B for electoral reform has been promoted by AMLO (REUTERS/Henry Romero)

“Judges, like all state authorities, are required to base and justify their decisions, so Minister Pérez Dayán cannot deviate from the specific rules established by law when dealing with the means of constitutional control , because the legitimacy of the judiciary is diluted when its decisions respond to political or personal positions,” the presidency reported.

It should be noted that the The first block of the so-called Plan B was released in December passed, after its approval at the Congress of the Union. It was immediately after that the political parties and even the INE contested. The reason was that Alberto Pérez Dayán granted the suspension.

Now that the second part has been published in the Official Gazette of the Federation (DOF), the first party to promote its unconstitutionality has been Citizen movement. Last Friday, March 3, the national leader, legislators and activists went to the offices of the SCJN to present their documents.

“The government wants to control the elections to impose a will undemocratic and which cannot be handed over to any government, neither to this one nor to those to come, therefore we here ask the Ministers of the SCJN to fulfill their historical duty and to protect the constitutional rule of law and for MC, it is an honor to defend the legacy of millions of people who fought for the democracy of this country”, expressed Jorge Alvarez Maynezcoordinator of the orange bench in the Chamber of Deputies.

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