The contradiction between the two methods for electing the president of the Supreme Court of Justice of the Nation has its origins in the presidential initiative of February 5, in which it was proposed that the position be assumed for two years by the candidate for minister with the most votes in the extraordinary election of 2025.
Without the legislators noticing the antinomy between articles 94 and 97 of the Constitution, the reform was approved without changes in both chambers of Congress, by the majority of the state legislatures, and was thus published in the Official Gazette of the Federation.
Until last week, an express question from the media regarding the method provided for in Article 94 is in contrast to that established in ’97 – where the president of the Court is elected by the ministers themselves for four years -, the coordinator of Morena in the Chamber of Deputies, Ricardo Monreal, accepted the error and announced an initiative to correct it.
However, a week later, the majority bench has no date to present the initiative which, according to Monreal, would be the addition of a transitional article in which it is determined that any constitutional provision that opposes the reform of the Judicial Branch of the Federation will be null.
The opposition attributed the antinomy to the haste of Morena and its allies to approve the constitutional amendment and to a careless revision of the text.
However, the PRI parliamentary group in the Chamber warned that this is not the only error or inconsistency in the changes to the Constitution that frame the election of judges, magistrates and ministers of the Court.
In an analysis prepared by the tricolorit was highlighted that the transitional articles of the recently approved reform provide that in the election all the ministers of the Court will be voted on, as well as the vacant magistracies of the upper chamber, but the number is not specified. In this case, there are two vacancies.
Confusion over vacancies
Furthermore, it is noted that for magistrates of the upper chamber of the Electoral Tribunal of the Judicial Branch of the Federation, citizens They can choose up to two women and up to two men
; This is four positions, but the PRI insists that there are only two vacancies.
In the same transitional periods, the reform defines that, for circuit magistrates and district judges, They can choose up to five women and up to five men
.
However, the PRI points out that In 2025, 469 magistrates and 374 judges will be elected, considering that there are 939 magistrates and 750 judges. No ballot can guarantee that only up to five women and up to five men will be elected for those positions, because the number varies by each judicial circuit, and the issue is more complex when the details of the specializations or subjects are reached.
.
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#detect #inconsistencies #secondary #laws #election #judges
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