The Legal Department of the Federal Executive formally requested the Minister President of the Supreme Court of Justice of the NationNorma Lucía Piña Hernández, that the high court proceed to resolve the constitutionality of the decree that issued the General Law of Social Communication, on May 11, 2018, before analyzing the validity of the so-called “plan B” of the electoral reform.
According to the aforementioned Ministry, the request has the objective of avoiding the issuance of contradictory sentences that violate the principles of certainty and legal certainty to the detriment of the people of Mexico.
Through a statement, the Presidency recalled that the aforementioned law was approved before the start of the 2017-2018 electoral process by the parliamentary majorities of the National Action Party (BREAD) and the Institutional Revolutionary Party (PRI) and pointed out that this was questioned by the then minority in the Chamber of Deputies, the National Human Rights Commission and the Movimiento Ciudadano party.
This is because they considered that there were defects in the legislative procedure and that some of the provisions were not in accordance with the Political Constitution.
“By processing the unconstitutionality action 52/2018 and its accumulated 53/2018 and 55/2018, the Supreme Court of Justice of the Nation (SCJN) considered that the General Law of Social Communication challenged was not electoral in nature, nor did it grant the suspension requested, considering that it was a general and abstract rule; Contrary to what was now resolved in the various unconstitutionality action 29/2023 and its accumulated ones, related to the decree that reforms the general laws of Social Communication and Administrative Responsibilities, approved in December 2022 (plan B) ”, denounced the Presidency.
On the other hand, the Ministry commented that -to date- the SCJN has not issued a final ruling on the aforementioned General Law of Social Communicationdespite the fact that almost five years have passed since it was challenged in 2018.
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