Guadalupe Irízar/Reform Agency
Saturday, December 24, 2022 | 07:32
Mexico City.- In an extraordinary session, the superior chamber of the Electoral Tribunal of the Federal Judiciary (TEPJF) modified yesterday the call issued by the Chamber of Deputies to renew the four vacancies in the National Electoral Institute (INE) as of next April 4.
With a unanimous vote, the magistrates asked that the call include three points: 1. A differentiation of the renewal of the INE presidency and the other three counselors; 2. Guarantee gender equality, which could imply that the INE is headed by a woman, and 3. Reinforce and guarantee the autonomy of the Technical Evaluation Committee.
This Committee must be made up of seven members, of which two will be proposed by the CNDH, two by INAI and three by the Chamber of Deputies, although the legislators postponed their three appointments due to lack of agreements.
The sentence approved yesterday by the Electoral Tribunal, at the proposal of magistrate Felipe Fuentes, determined to reinforce the autonomy of the Technical Committee and stick only to the powers established in the Constitution, for which reason the obligation established in the call to give reports to the Political Coordination Board (Jucopo) of the Chamber of Deputies.
Now, the Committee must act autonomously and only deliver to the Jucopo the lists with the final five of the candidates in dispute – the presidency and three councils.
The session did not specify the term in which the Chamber of Deputies must comply with these requirements, but the original call provides for the registration of applicants in January.
The arguments
The four magistrates who voted to modify the call to renew four INE directors explained their reasons in the extraordinary session.
“The process of appointing the INE councilors is, from my perspective, one of the most relevant and defining acts for our democracy, it implies the integration of a Council made up of citizens as the highest management body of the autonomous body that we have given ourselves”, stated the rapporteur magistrate, Felipe Fuentes.
“It is sought that everything be publicized: applicants, requirements, records, exams, evaluations. And by publicizing it justly, the autonomy of the Technical Committee is reinforced because the notices that have to be made to Jucopo are eliminated. Consequently, this also ends up strengthening the process for the election of members of the Technical Committee”, highlighted magistrate Felipe de la Mata.
“Regarding parity, I also share the need for clear rules to be defined in order to guarantee that women can actually access one position, or two, or three, or why not four positions within the General Council. The way in which it is established in the summons, a very general way, does not guarantee that it can be fulfilled”, said magistrate Janine Otálora.
Finally, the presiding magistrate, Reyes Rodríguez, referred, among other points, to the jurisdiction of the Court in this type of matter, which is reinforced, he said, by a decision of the Court on August 22, when it declared the unconstitutionality of a part of article 10 of the Law on Means of Challenge “Although the process of designation of the electoral departments and the presidency of the General Council of the INE is a complex act (…) it is considered that it is not an act of nature parliamentary and therefore may be subject to judicial scrutiny.
“Nor is it related to a decision of the internal life of the legislative body regarding which the Federal Constitution has conferred absolute discretion to the Legislative Chamber,” added Judge Reyes Rodríguez.
