This weekend, the coordinator of the National Regeneration Movement (Brunette) in the Chamber of Deputies, Ignacio Mier Velazco, announced that the party will promote a proposal to carry out a referendum.
The purpose of this process, explained the deputy, would be to know the opinion of the citizens regarding whether the ministers of the Supreme Court of Justice of the Nation (SCJN) should be elected by the population through voting.
This initiative was announced as a follow-up to the disagreements that have recently existed between the Highest Court and the Executive Power, especially after the declaration of unconstitutionality of a fraction of Plan B of Electoral Reform.
However, there are some considerations in the law that could hinder the implementation of the democratic exercise proposed by the coordinator of the Morenista bench in San Lázaro.
The Federal Law of Popular Consultation specifies that popular consultations are instruments of citizen participation in which, “through the issuance of a free, secret, direct, personal and non-transferable vote, they take part in the decisions of the public powers” regarding issues of national or regional relevance .
This same regulation details that the issues to promote a consultation at the national level must have an impact on most of the national territory, as well as on a significant part of the population.
However, in its article 11, the Law establishes the issues that cannot be submitted to popular consultation, including those alluding to electoral matters.
“The restriction of the human rights recognized by this Constitution and in the international treaties to which the Mexican State is a party, nor the guarantees for their protection may not be subject to popular consultation; (…) the permanence or continuity in the position of the public servants of popular election; electoral matter; the financial system, income, expenses and the Expenditure Budget of the Federation”, can also be read in a fragment of article 35 of the Political Constitution of the United Mexican States.
In addition to the fact that electoral issues cannot be considered for an exercise of this nature, it should be noted that all requests for popular consultation must be endorsed, precisely, by the Supreme Court.
In the case proposed by Ignacio Mier, the initiative must be promoted by at least the 33% of the members of any of the Chambers congressional. In case of having that support, the Board of Directors of the Chamber in question must refer it to the Governance Commission for analysis.
The commissions must issue an opinion and a draft decree containing the call, the date of the consultation and the questions to include what should be previously approved, also, by the SCJN.
In case of proceeding, the petition must be endorsed by the majority of each of the Chambers within a maximum period of 20 calendar days from the receipt of the project. The next step is to send the proposal to the Supreme Court, which will decide if the consultation is constitutional or not. In case of classifying it as unconstitutional, the resolution will be published in the parliamentary gazette and the matter will be definitely finished.
In other words, the query raised by Ignacio Mier would not be appropriate because it deals with electoral matters. And in case of launching the discussion of it, the Supreme Court would be intimately involved in the process, so it is likely that it would not transcend.
