Colima court grants suspension against publication of judicial reform decree

The Second District Court based in the state of Colima granted a suspension against the publication of the decree “by which it is proposed to reform, add to and repeal various provisions of the Political Constitution of the United Mexican States,” related to judicial reform.

The above is in compliance with a resolution issued by a collegiate court based in Colima, which considered the appeal for protection and the suspension requested by the Iris Foundation to be well-founded.

The courts determined that “the grievances asserted are partially founded” and therefore ordered that “the responsible authorities not carry out the claimed acts, that is: that the discussion and approval of the initiative to reform the Constitution in the Chambers of Deputies and Senators not be carried out. That the discussion and approval of the initiative to reform the Constitution not be carried out in the legislatures of the States of the Mexican Republic and Mexico City, specifically the legal issue relating to the Judicial Branch.

“In the event that the contested constitutional reform procedure is approved [ver artículo 135 constitucional]by the responsible authorities, the respective decree is not published in the Official Gazette of the Federation,” says the resolution issued yesterday.

It was also specified that “the authorities designated as responsible, in accordance with article 262 section III of the Amparo Law, have 24 hours to comply with the aforementioned provisional suspension. Under penalty that failure to do so within the period granted for such purpose will result in a sentence of three to nine years in prison, a fine of fifty to five hundred days, dismissal and disqualification from three to nine years to hold another public office, employment or commission.”

For the collegiate court, composed of judges Joel Fernando Tinajero Jiménez, Martín Ángel Rubio Padilla and José David Cisneros, “with this determination to suspend the contested acts, the constitutional principles of progressiveness, retroactivity, access to justice, autonomy and judicial independence, as well as the separation of powers and the Federal Republic are protected.”