Mexico Metropolis. The Electoral Tribunal of the Judicial Department of the Federation (TEPJF) has not but filed a prison grievance towards the choose who ordered it to nominate the 2 vacant magistrates of the Plenary of this highest occasion, and has not outlined who it can name to kind a quorum within the session to qualify the presidential election.
On the similar time, Decide Reyes Rodríguez Mondragón clarified that each he and Janine Otálora voted in favor of rejecting the choice of the Ninth District Decide in Administrative Issues of Mexico Metropolis, Rodrigo de la Peza López Figueroa, and even taking the matter to the Judicial Council, however not going by way of prison proceedings as a result of that might imply “threatening” judicial independence.
“I voted towards (the prison grievance) as a result of one of many standards issued by worldwide our bodies is that judges should have ensures within the circumstances of their perform to hold out their work independently,” mentioned Decide Reyes Rodríguez.
“When one resorts to prison prices, with out having adopted a course of that concludes with some dedication that does encourage a prison cost, it has an impact of inhibiting that independence, of intimidating judicial independence,” he added.
He indicated that for the Plenary of the Superior Court docket it’s completely clear that the definition of the magistrates of the TEPJF, within the occasion of a definitive absence, is the duty of the Electoral Tribunal, so the choose ought to have recused himself from the jurisdiction and that’s the reason his precautionary measure just isn’t being processed.
“And this distinction of opinion may result in some penalties. That’s the reason I voted in favor of submitting the corresponding grievance earlier than the Judicial Council, a pertinent instrument right now,” he commented in an interview on the finish of the plenary session of the Superior Court docket, held on Wednesday.
Concerning the choose’s place, Rodríguez responded that there’s a thesis of the Supreme Court docket of Justice that establishes that the appointment of electoral authorities is completely the duty of this matter, in order that the safety just isn’t admissible.
Within the case of the magistrates of the Superior Chamber of the TEPJF, their appointment corresponds to the Senate of the Republic, from an inventory of three candidates introduced by the Supreme Court docket.
When this doesn’t happen, it’s as much as the magistrates of this similar Chamber to name the Justice of the Peace with essentially the most seniority to affix, for the reason that minimal quorum for the presidential qualification session is six and presently there are solely 5 magistrates.
The purpose has not but been formally mentioned by the members of the plenary session.
“The presiding choose is the one who has to current a draft settlement because the regulation states, article 167 of the Natural Regulation (of the Judicial Department of the Federation) establishes an identical process to fill everlasting vacancies, which isn’t the case of everlasting absences as a result of conclusion of the interval of two magistrates that occurred final October,” he mentioned.
He recalled that in all of the chambers of the TEPJF there are magistrates in workplace, the identical happens in all state courts, and the Superior Chamber ought to observe that determine, however the one matter for which that quorum (of six magistrates) is required is the qualification of the presidential election, as an pressing case.
-Would the sixth Justice of the Peace’s determination then be made on the finish of August?
-I am unable to make predictions; even the climate ones prove unsuitable.
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– 2024-07-05 09:38:00
