The Reform to the Judiciary of Yucatan was declared unconstitutional, which was promoted by the State Government and was approved by a majority in the local Congress, and it is that the Supreme Court of Justice of the Nation (SCJN) argues that violates the independence, autonomy and judicial career, among others.
It was Minister Loretto Ortiz Ahlf, who presented the draft ruling, agreeing with the unconstitutionality action 82/2022 promoted by the National Human Rights Commission (CNDH) against Decree 496/2022, published in May of last year in the Official Gazette of Yucatan.
Why is it unconstitutional?
The forced retirement of magistrates who have worked for the State for 30 years is considered unconstitutional, taking into account that they are appointed to their posts for 15 years, violating article 116, third section, of the Federal Constitution, by violating the judicial independence, stability and professionalism of the Yucatan Judiciary.
Likewise, the Court also invalidated the controversial transitory article six, by means of which the previous Yucatecan magistrates were forced to retire early so as not to lose their lifetime retirement assets.
Mentioning that the article violates the principle of independence and judicial autonomy, since it introduced a negative modification to the economic benefits for which the magistrates of Yucatan were hired.
“The affectation is evident, since the transitory article reduces the term of the retirement credit of the magistrates, going from having a lifetime character to a single year. This plenary session has reiterated that judicial guarantees, as is the case of retirement benefits, are protected by the principle of non-regression”, said Minister Juan Luis González Alcántara Carrancá.
The argument that the reform did not affect former magistrates because they only had “expectations of rights” was also demolished.
Contradiction
There was talk of a contradiction in the Yucatecan Constitution itself, since in its article 68, first paragraph, it is established that magistrates can only resign for serious cause and that only the State Congress can accept it, so for the minister president of the Court, Norma Piña Hernández gave force to the sentence.
Since in the reform the option of early retirement was raised so as not to lose the life retirement asset, for which reason he asked to include this argument in which he exposed said contradiction to invalidate the aforementioned transitory article.
It is worth mentioning that before submitting the unconstitutionality action to a vote, it was recalled that eight magistrates chose to resign early, so that, with today’s ruling, the other three who decided not to resign will be able to argue this resolution in their court trials. amparo to keep your lifetime retirement credit.
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