The Court lacks a legal framework to judge retired ministers

The Supreme Court of Justice of the Nation (SCJN) lacks a regulatory framework to investigate and sanction retired ministers, as is the case of Arturo Zaldívar, and therefore the project prepared by Minister Juan Luis González Alcántara will propose approval to the plenary session. of mechanisms that lead to the imposition of administrative sanctions on those who were part of the highest court in the country.

The project of the route to sanction ministers without reaching the request for impeachmentofficials of the high court indicated, was requested by Minister Norma Lucía Piña Hernández, and with this a precedent will be established that is far from what the Constitution establishes, since in the case of active ministers they can only be removed from their position by a political trial.

In the event that the proposed project is approved by a majority, a legal framework will be created without exceeding what is established in the Constitution, since there will be no impeachment proceedings against an active minister, and it will serve to pressure those who are not related to the majority currents of the SCJN.

The members of the Court consulted by The Conference revealed that González Alcántara must present the document to the plenary session so that it is approved by a majority, and will have to establish the terms to initiate an investigation that could go beyond administrative sanctions, since the body in charge of investigating these offenses does not have any power. specific for those who hold the positions of ministers.

Likewise, the General Directorate of Administrative Responsibilities and Asset Registry, whose existence is regulated in article 36 of the Internal Regulations on the Administration of the Court, and which was published on April 12, 2011 in the Official diary, has as its first faculty coordinate, review and propose the regulatory projects that are required to ensure that the comptroller fulfills its powers and obligations.

In the case of the anonymous complaint received by the Federal Judiciary Council (CJF), which gave rise to the investigation ordered by Piña Hernández against Zaldívar, it is more of a case considered exceptional, since he is already a retired minister. .

In this context, they explained, the management of administrative responsibilities is only empowered to develop the rules and guidelines that regulate the procedure for receiving, registering, controlling, safeguarding and analyzing the declarations of the financial situation of public servants obliged to the Supreme Court, in terms of the general observance provisions applicable to the matter..

As the paragraph points out, Zaldívar is no longer obliged to declare his assets, which is why he is not authorized, in the case of the retired minister and former president of the highest court, to propose to the head of the comptroller’s office guidelines to carry out ex officio investigations into events that could imply non-compliance by the public servants of the Court with the applicable legal provisions, as well as for the reception and processing of complaints or reports against said servants. public in matters of administrative responsibility.