Naomi Carmona
Morelia, Michoacán. – The Local Congress, in turn to the Justice Commission, the judgment of the first chamber of the Supreme Court of Justice of the Nation (SCJN) to invalidate Decree 137 on the re-election of Armando Pérez Gálvez, as Magistrate of the Supreme Court of Justice of Michoacán (STJM).
During the extraordinary virtual session of the LXXIV Legislature, the controversy was read out that, the State Congress without foundation extended the deadline for a magistrate to hold office for more than fifteen years, implying a transgression of the autonomy and independence of the judiciary, and an affectation of the principle of division of powers.
It is also specified that the Legislative Power has no power to decree the suspension or interruption of the time in which a Magistrate has served as a Counselor, this combined with the interpretation of congressional on the aspects considered for the re-election of a violent magistrate, Articles 14 and 16 of the Organic Law of the Judiciary, since “nowhere is it apparent that the act of a magistrate is limited to strictly judicial functions”
In the dispute presented by the SCJN, it presents 13 concepts of invalidity to reverse the legislative decree and instruct the Michoacan Parliament to issue a new opinion on the re-election of Pérez Gálvez.
“It is clear that the Congress of the State, in indicating that the term of Armando Pérez Gálvez’s term should be interrupted because he had been appointed a councillor and separated from the title, without express power to do so, breached the mandate of non-dependence on the powers of other powers (…) It is appropriate to declare the invalidity of decree no. 137 of the Congress of the State of Michoacán, by which the opinion was approved with draft decree containing resolution on the re-election of the Licenciado Armando Pérez Gálvez as Magistrate of the Third Criminal Chamber of the Supreme Court of Justice”, mentions the final judgment of the SCJN.
