for possible vices in your approval processthe reforms of the president Andres Manuel Lopez Obrador (AMLO) in it Senatethey could have “stillborn” so the doctor assures Jose Luis Mancilla Rosalesprofessor of the UNAMwho considered that the swearing of the senator Tanya Carola Viveros Cházarowho at the last minute replaced Claudia Esther Balderas Espinozaof Brunettecould be outside what the law establishes, because the taking of protest of Viveros Cházaro would not comply with due process.
Information obtained from the session last Friday and early Saturday morning, states that the senator Espinoza Balderas it was out of Mexico and could not attend the session at the alternate venueso in a way express and without respecting the proper processthey enabled their substitute Carola Viveros so that in this way they could have the quorum required for voting and approving said reforms.
In interview for The Truth Newsthe constitutional expert of the UNAMThe doctor. Jose Luis Mancilla Rosalescommented that the license application of the senator did not comply with the legal requirements and despite this, the president of the Board of Directors He decided take protest to the substitute, Tanya Carola Viveros Cházarosomething that violates the legislative process.
“It becomes relevant since in terms of the own regulation it is necessary to present the license by the senator who owns it for the purpose of being granted by the plenary session of the senate. This license draws attention because it must be presented in terms of what the Senate Regulationsmust be presented in original with autograph signature. We do not know, it is an important issue, to find out if in the specific case of that senator had previously submitted the license application for the purposes of the plenary taking a protest from the substitute”, mentioned the doctor mancilla rosales.
He Article 12 of the Regulations of the Senate of the Republic determines that “to obtain a license, senators present before the President written requestwith handwritten signature and with marking of the cause. said request is resolved by the Plenary in the immediate session”.
Another of the elements that draws attention in procedural terms and that he considered should be clarified by the Senateis that in constitutional processes of article 72 itself and the Regulations of the Chamber of Senatorsthe thing is the quorum must be formed prior to the start of the session.
“Here from what we understand, the session starts without having the corresponding quorum forks logged in when the alternate senator is sworn in to serve as proprietary senatorwhich would make evident the constitutional and regulatory compliance for the start of the corresponding session”, he insisted mancilla rosales.
Said in case it is verified that the corresponding procedure was not carried out, originally we would be before a flawed procedurethat is, we would have to wait for it to be resolved through a amparo trial submitted by any person who feels that the sphere of their rights is affected as a result of the issuance of these laws.
“If this is verified and if it is not adequately accredited that the steps were taken to comply with the number of senators required the Constitution for the start of the session and the own Senate Regulationsoriginally we would be facing a flawed procedurethat is, we would have to wait for it to be resolved through a amparo trial presented by any person who feels that the sphere of their rights is affected by the issuance of these laws”, explained the doctor of law.
In addition, he commented that according to the provisions of the law, once the reforms and laws approved by the Union Congress are published by the federal executive in it Official Gazette of the Federation (DOF), then they can argue this procedural vice both opposition legislators and anyone who disagrees through a Unconstitutionality action.
“He federal executive I published them in the Official Journal of the Federationthen this can be argued procedural vice or also the opposition deputies or senators who do not agree with this issuance of laws may through the Unconstitutionality Action also allege these procedural defects”, pointed out the also specialist in Constitutional Justice, Interpretation and Protection of Fundamental Rights by the University of Castilla-La Mancha, Jose Luis Mancilla.
He stressed that if the constitutional and regulatory procedures were not adequately complied with originally, then we will be faced with legislative acts that “they were born dead from origin” because if the quorum was not adequately counted on in the constitutional and regulatory terms “whatever happened in that session would lack any element of constitutionality and legality”.
Therefore, in case there are unconstitutionality actions Under this scheme, it will be the Supreme Court of Justice of the Nation (SCJN) which determines the legality of the laws and reforms approved by the Senate last Friday and Saturday morning.
It is worth mentioning that even before taking protest Carola Viveros appeared in the official photo of the meeting held by the Morenista senators in National Palace with AMLO.
After said meeting, the alternate senator joined her first session, which was held at the Old Mansion of Xicoténcatl, Friday night, to approve the Mining Law. She also approved the constitutional reform in order to reduce the age to be a deputy or deputy and holder of State secretariats; reforms to the General Health Law, to incorporate the functions of INSABI to the IMSS-BIENESTAR.
Like, the call Law 3 of 3, which proposes that no person debtor of alimony, sexual offender or who has committed family violence can have the right to hold a position of popular election in the three orders of government.
The investigator Jose Luis Mancilla Rosales He is a Doctor of Law, a subject professor in constitutional right since August 2004 in the Faculties of Law and Political Sciences of the National Autonomous University of Mexico (UNAM), Graduated from Law Degree from the Maximum House of Studies of MexicoHe is also a Master in Public Administration from INAP and a Specialist in Constitutional Justice, Interpretation and Protection of Fundamental Rights from the University of Castilla-La Mancha.
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