Critical, modification of standards in case of unconstitutionality actions: Batres

Mexico Metropolis. Minister Lenia Batres Guadarrama warned concerning the seriousness of the Second Chamber of the Supreme Courtroom of Justice of the Nation (SCJN) modifying its standards in favor of not approving suspensions within the case of unconstitutionality actions, as supplied in article 64 of the Regulatory Legislation of Sections I and II of Article 105 of the Structure.

In an intense session, he made this commentary through the dialogue of the enchantment 23/2024, promoted by deputies of the Tamaulipas congress towards the suspension that was granted when the unconstitutionality motion 218/2023 was admitted for processing.

In her undertaking, Minister Batres proposed declaring the enchantment unfounded and confirming the appealed settlement, which denied the suspension. Nevertheless, this proposal was rejected by a majority of three votes, so the matter was returned to Minister Luis María Aguilar.

The minister identified that it’s regrettable that the Second Chamber didn’t ratify her standards, since there are precedents the place she has indicated that it isn’t possible to grant these suspensions within the face of unconstitutionality actions.

These are declare sources 52/2019, their gathered 54/2019, 97/2019 and 133/2020. The latter, the newest, was accredited with the votes of ministers Alberto Pérez Dayán, José Fernando Franco González Salas, Javier Laynez Potisek, Yasmín Esquivel Mossa and Aguilar Morales.

“On this particular case it was exactly a matter of ratifying the non-granting of the suspension on the time of admission of the unconstitutionality motion”, an assumption that Minister Aguilar had accepted as a criterion, provided that the Plenary of the SCJN needed to interpret that Sure, the granting of suspension in actions of unconstitutionality is admissible, however the categorical prohibition of article 64 of the Regulatory Legislation of Sections I and II of Article 105 of the Structure, which states: “The admission of an motion of unconstitutionality “is not going to give rise to the suspension of the questioned rule.”

The rejected undertaking signifies that the unconstitutionality motion is a method of summary management, the place there are not any events, so it isn’t possible to grant precautionary measures resembling suspension.