The president of the Electoral Tribunal of the Federal Judiciary (TEPJF), Reyes Rodríguez Mondragón, invited federal deputies to a meeting to discuss the constitutional reform project that seeks to limit the powers of said court.
“I allow myself to extend a cordial invitation to continue with this institutional exchange at the headquarters of the Superior Chamber of the Electoral Tribunal of the Judicial Power of the Federation on the date and time of your convenience,” said Judge Rodríguez in a letter sent to deputy Mier , whose copy he obtained The Economist.
The presiding magistrate also sent the Political Coordination Board of the Chamber of Deputies a study of the judgments of that court where its jurisprudential line on the legal limits that exist to know and resolve the means of challenge related to parliamentary law is compiled and defined.
On this subject, the TEPJF made it clear that the judicial electoral scrutiny of parliamentary acts is only when they affect the human rights of citizenship; within which are the political-electoral.
“On the other, there are parliamentary acts that are not susceptible to control by other State powers, since they play a strictly political organizational role of the body. The coexistence of both criteria requires the jurisprudential development highlighted throughout this text, since it will be according to each case that the limits between parliamentary acts that merit protection of first generation human rights and those acts exempt from a electoral judicial control,” he said.
Likewise, he sent another document with the decisions issued by the TEPJF so that the authorities and political parties implement affirmative actions that compensate for the historical disadvantage that people belonging to vulnerable groups in Mexico have faced.
“Affirmative actions were established to reverse any inequality in the exercise of political-electoral rights. In principle, they are temporary, since they cease to exist when they reach their goal; proportional, because they cannot produce a greater inequality than the one they seek to eliminate; and reasonable and objective, since they respond to the interest in remedying a situation of injustice for a specific sector”, mentioned the Tribunal study.
Content of the draft opinion
The draft opinion of the Governance Commission of the Chamber of Deputies proposes the modification of articles 41, 73, 99 and 105 of the Constitution regarding rights and political-electoral justice.
The document admits that the reform seeks to avoid the “excess of its powers” by the Court, and that it exceeds “its function as guarantors of the electoral system.”
Therefore, the constitutional reform claims that the electoral Tribunal issues its resolutions in accordance with the limits of the electoral law and the Constitution, and that the acts and other determinations of the Chambers of the Congress of the Union are not within its competence.
It orders that the Supreme Court of Justice of the Nation be the only one that knows and resolves the controversies that arise in relation to the internal regimes of the Chambers of the Congress of the Union and the decisions of its government bodies.
It establishes that it is the exclusive responsibility of the Congress of the Union to legislate on affirmative actions in favor of vulnerable groups for the development of their political-electoral rights, and to comply with the principle of gender parity.
It also limits the participation of TEPJF in matters of parties, since it establishes that the electoral authorities may only intervene in the internal life of political parties in the terms established by the Constitution and the law.
It should be noted that the Governance Commission of the Chamber of Deputies postponed the ruling on this project.
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