Court refuses to urge CJF to guarantee access to justice during strike

Mexico City., In a private session, the Plenary of the Supreme Court of Justice of the Nation (SCJN) on Monday rejected urging the Federal Judicial Council (CJF) to ensure that the work stoppage of workers of the Judicial Branch of the Federation (PJF) does not violate the human right of access to justice.

Two weeks ago, PJF workers began a work stoppage in protest against the judicial reform being discussed in the Chamber of Deputies.

The proposal in the Plenary Session of the Constitutional Court was made by Minister Lenia Batres, supported by Minister Yasmín Esquivel Mossa, but was rejected by a majority of nine votes.

In a statement, Batres said that with this decision, “both the plenary of the CJF and the SCJN maintain their lack of interest in guaranteeing the human right of access to justice, privileging the economic concerns of judges and magistrates over the general interest of Mexicans.”

Batres’ proposal was submitted last Friday to the presiding minister of the Court and the CJF, Norma Lucía Piña Hernández. In it, she proposes urging the CJF to take the necessary measures to guarantee the jurisdictional function and “that the strike supported by some judges and magistrates does not continue to harm the human right of access to justice.”

He also notes that the only organization, the National Association of Circuit Magistrates and District Judges of the Judicial Branch of the Federation (Jufed), that has claimed this strike is a civil association that does not have legal status to promote a work stoppage.

“Given the suspension of activities and since the only formal determination on the matter has been made by a civil association, it must be taken into account that an AC, even if it is made up of judges, does not have the scope to issue formal declarations of suspension of work and establish measures that directly affect the exercise of the rights of third parties. The issuance of agreements on the performance of the courts is the responsibility of the Federal Judicial Council, so a private legal entity may find itself usurping the functions of the body that is constitutionally in charge of the administration and discipline of the Judicial Branch,” states the letter from Batres.

The minister argued that the economic interests of judicial officials cannot be placed above those of the general public, putting at risk the trust and credibility of the entire society in the Judiciary.