Claudia Salazar/Reform Agency
Monday, April 10, 2023 | 06:43
Most of the political parties promote an impunity agreement in the Chamber of Deputies, through an initiative against the Electoral Tribunal of the Judicial Power of the Federation (TEPJF), after it has issued resolutions that have affected decisions of Congress, leaders, candidates and legislators.
Through a constitutional reform, with overtones similar to those proposed at the time by the federal Executive in electoral matters, it is promoted to limit the powers of interpretation of the Electoral Tribunal and with it to have a wide sleeve in its partisan decisions.
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The effects of the reform will prevent political rights lawsuits promoted by women, people with disabilities, transgender people, migrants and indigenous people from progressing, because the so-called affirmative actions that included them in the INE regulations and were ratified by the Trife will be limited.
With the reform, the hands of militants who are dissatisfied with internal processes regarding the election of leaders will also be tied.
According to the reform proposal, in article 99 the powers of the Electoral Tribunal to interpret the law would be modified and it would be prevented from issuing sentences related to decisions of the Chamber of Deputies and life of political parties.
“The Electoral Tribunal is responsible for definitively and exclusively resolving the controversies that arise by general rules, acts and omissions, and resolutions regulated by electoral laws, under the terms of this Constitution and as provided by law.
“The Electoral Tribunal will dictate its resolutions in accordance with the limit of the literal tenor of the law and this Constitution, and the principles expressly established in it.
The acts and other determinations of the Chambers in the exercise of their exclusive powers, the decisions of their Government bodies and those that correspond to their internal regimes, are excluded from the jurisdiction of the Court,” the reform states.
Said reform proposal was ready to be discussed and approved before Easter, but the protest of women’s groups, claims on social networks and disagreements within parliamentary groups froze the discussion for a few days.
The Constitutional Points Commission suspended on March 29 the meeting where the opinion would be discussed and summoned again for today.
Despite being in constant confrontation, the reform was promoted by the coordinator of Morena, Ignacio Mier, with the support of the PAN, PRI and PRD. From the Opposition, MC rejects her.
In article 41 of the Constitution it is proposed to add that in electoral matters the determinations that are adopted in relation to affirmative actions will have the character of fundamental legal modifications, and “will be subject to the limit of the literal wording of the law and this Constitution”, for Therefore, neither the INE nor the Court will be able to order affirmative action candidacies outside of what the parties decide.
It is added that the parties, in the exercise of their self-determination and self-organization, will establish in their statutes rules for the appointment of their leaders, as well as the rules to guarantee the principle of gender parity in the integration of their collegiate bodies.
Magistrates propose dialogue to San Lázaro
The Electoral Tribunal proposed to the Chamber of Deputies an open parliament and working groups around the constitutional reform that proposes to modify the powers of that jurisdictional body, and beyond this situation.
“It would be fruitful to institutionalize collaborative work between different institutions, through an open parliament or working groups, to propose scenarios in which this debate can resurface and build joint solutions,” says the Court in a document sent to the Coordination Board Politics of the Chamber of Deputies.
The Electoral Tribunal proposes to discuss and study the points of difference with legislators, such as the issues of sentences with affirmative actions in favor of vulnerable groups based on interpretation of the Constitution, as well as in defense of electoral political rights of some legislators who disagree with decisions of the Chamber to which they belong.
With time running out, since the Constitutional Points Commission will meet today, the president of the Court sent the members of the Jucopo technical studies on the issues of divergence.
