Legal and Constitutional Means”, theme of the fourth forum of the national dialogues – Talla Politica

Legal and Constitutional Means”, theme of the fourth forum of the national dialogues – Talla Politica
Legal and Constitutional Means”, theme of the fourth forum of the national dialogues – Talla Politica

Mexico City, July 9, 2024

Legislators, magistrates and governor express their positions on constitutional reforms to the Judicial Branch

With the theme “Division of Powers: Legal and Constitutional Means”, the Chamber of Deputies is holding the fourth forum of the National Dialogues on the constitutional reforms to the Judicial Branch, sent by the Federal Executive, in Tuxtla Gutiérrez, Chiapas.

Direct protection in administrative matters has a political use

Participating in the headquarters of the Judicial Branch of the state of Chiapas, the president of the Constitutional Points Commission, deputy Juan Ramiro Robledo Ruiz (Morena), said he respects that the supreme body of the Judicial Branch in Mexico interprets the laws in an abstract manner and can invalidate them; however, he expressed that the judges of amparo violate the Constitution when they create norms of law and determine public policies, “that practically renders the actions of constitutional control useless.”

He said that direct amparo in administrative matters is used for political purposes, and many times “they are practically leaving administrative courts without jurisdiction. The invocation of the first article allows all judges to address any administrative matter without exhausting the finality to which they are obliged, according to the same Constitution,” he added.

He also commented that the collegiate courts do not respect the states when they legislate and modify their internal governing statutes. “The practice of diffuse control established by its scope in the first constitutional article produces legal uncertainty and affects governability.” He pointed out that they do not accept that jurisprudential criteria place the concept of human rights in favor of profit-making legal entities.

The Constitution supports the three powers acting in a coordinated manner

Senator Ricardo Monreal Ávila (Morena), president of the Political Coordination Board of the Senate of the Republic, mentioned that in Mexico the system of separation of powers is the limiting structure of power itself, which aims to prevent the abuse of power by only one of the three, and as a consequence guarantee the individual freedom of those governed within a state of law.

He stressed that the division of powers in the constitutional sphere becomes a true balance of checks and balances of public functions that has as a parameter the effectiveness of the principles established in the fundamental norm, to guarantee accountability and collaboration, as well as to strengthen the realization of a democratic State of law.

He said that the Constitution guarantees that the three powers act in a coordinated manner and within the legal framework. There are also a series of measures that establish different mechanisms of constitutional and legal control between powers, although it must be recognized that when one of them invades the sphere of competence of the others and acts arbitrarily, the imbalance is a high risk.

The objective is to have a renewed and strengthened Judiciary

Deputy Leonel Godoy Rangel (Morena) stated that the proposed reform of the Judicial Branch aims to renew and strengthen it. “What we most desire is an autonomous, independent, strengthened Judicial Branch without interference from economic power and organized crime, that is what we aspire to; therefore, it is important to review and debate various proposals in these national dialogues.”

He explained that some issues that need to be reviewed are the eligibility requirements because they do not want any power in power, organized crime or white-collar criminals to influence the selection of judges, magistrates and ministers; hence it is vital to discuss points such as suitability, judicial career and seniority.

The issue of gradualism is important, he added. “It is not true that the day the reform is approved the judges, magistrates and ministers will leave the next day; to begin with, it is estimated that there will be 200 vacancies in the next few months, that is a first point of gradualism that should be reviewed.” Another issue is the transitional system, the transitional articles, and how the reform will be applied to the Judicial Branch.

Separation of powers must understand the paradigm shift

The president of the Superior Court of Justice and the Judicial Council of the state of Chiapas, Guillermo Ramos Pérez, stressed that the dialogues represent a good exercise to listen to the different opinions regarding the initiatives to reform the Judicial Branch, with the sole purpose of strengthening the institution of justice in the country, since the aim is to modernize the Judicial Branch so that it is up to the challenges of the country and the demands of society, and it has the support and democratic legitimacy.

He indicated that the division of powers must be understood under a paradigm shift. The Legislative, Executive and Judicial powers cannot be conceived as counterweights to stop one another, but rather as supporting powers of the State with a common goal, which is to serve Mexico and contribute to development, well-being and social peace.

We agree, he said, with the proposals regarding the judicial career, considering that the changes should be gradual in the election of judges and magistrates, and that the people who are elected should be honorable, with full knowledge of the law and particularly for the subject for which they are elected, as well as respect for labor rights. He proposed that the allocation of budget for the entities should be equitable.

Transforming the Judiciary in a Significant Way

The president of the Board of Directors of the Congress of the state of Chiapas, deputy Sonia Catalina Álvarez (PT), highlighted that the forum provides the opportunity to explore, debate, evaluate and take positions on the constitutional reform to the Judicial Branch, presented by the Executive to transform it significantly. A new integration of the Supreme Court of Justice of the Nation, the election of ministers, magistrates and judges by popular vote and the substitution of the Federal Judicial Council are changes that require careful analysis and deliberation.

The national dialogues, he argued, have become plural exercises that encourage open participation, the exchange of ideas and transparency in parliamentary deliberation; in addition, they have made evident the coordinated work between the branches of government at the federal and local levels with a single objective: to analyze a far-reaching initiative under the tutelage of guaranteeing prompt and expeditious justice for Mexicans.

He considered the decision to broaden the dialogue between all sectors of society to analyze and discuss the constitutional reform projects to be a good one, and that this exchange of ideas has spread to the regional level. “Let us work to find points of agreement and consensus that will allow us to make the necessary adjustments for a constitutional reform proposal for the benefit of the people.”

Judicial reform represents the desire of the people

The president of the Political Coordination Board of the Congress of the state of Chiapas, deputy Flor de María Esponda Torres (Morena), stressed that dialogue is one of the fundamental values ​​in political activity, so, in frank and respectful dialogue, politics finds an exact route to materialize the transformation of the rights and institutions of the country.

In this fourth edition of the national dialogues, he said, the positions on the reform of the Judicial Branch will continue to be heard and addressed, which has become a matter of State and has a positive and constant impact on the national agenda. The division of powers, he said, symbolizes one of the deep values ​​of constitutional democracy.

“There is no need to fear the people, the people need to be given the tools to resume their role, along with a new management of the powers. I am convinced that the reform of the Judicial Branch represents and symbolizes the desire of the people. From the Congress of Chiapas, the legislators will become permanent constituents by approving these fundamental reforms and always looking out for the interests of the people,” she added.

Always with a view to generating prompt and impartial justice

The governor of Chiapas, Rutilio Escandón Cadenas, said that the administration of justice is one of the functions of the State that must guarantee the governed legal security, protect their assets and safeguard the human rights enshrined in the Magna Carta. He stated that the social dynamics of the Mexican nation requires updating the legal framework, through a constitutional reform to offer true access to justice, especially to the most vulnerable groups.

He considered that the analysis and participation of the jurists of Chiapas will contribute ideas to strengthen the reform project presented by the Federal Executive, always with a view to generating prompt and impartial justice, as well as to strengthening the jurisdictional function while respecting the rights of the working base of the Judicial Branch of the Federation.

He assured that from this forum “we will emerge legally enriched because current times demand inclusion and social justice.” Today, he added, there is an opportunity to strengthen our federal Republic by improving the system of administration of justice, so it is necessary to give the people of Chiapas and the nation the use of their voice, so that they are heard by the legislators.

Legislators are going to have a lot of work

In turn, the governor-elect of the state of Chiapas, Eduardo Ramírez Aguilar, said that it is worth resuming this national discussion, because legislators are going to have a lot of work, and the reform has to do with the discussion of the 1917 Constitution, which is very clear and has undergone various reforms.

“For us, this is the beginning of the end of Mexican presidentialism, because the powers of the Executive are being limited and this represents a profound constitutional change. It is important to listen to the parties and to what the people voted for at the polls on June 2. We must work to achieve a reform that serves the people,” he stressed.

He called for the issue of the administration of justice to be raised, because “that is where it hurts the people of Mexico. As long as there are public ministries that do not exercise criminal action and investigation files that are not well supported, we will continue to have the same problems. Let us rebuild the institutions, but let us do it by opening our conscience.”

Text, Photo and Video: Chamber of Deputies

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