translated from Spanish: Zaldívar presents consultation on extension of his mandate

Mexico.- The minister president of the Supreme Court of Justice of the Nation (SCJN), Arturo Zaldivar, began on Monday the extraordinary consultation procedure to determine the constitutionality of the extension of his mandate with the judicial reform. From his official Twitter account, Arturo Zaldivar shared the document presented to the Plenary of the Court so that “it can rule, as soon as possible, on the constitutionality of the thirteenth transitory article of the judicial reform,” he explained.
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In the letter, the president of the SCJN acknowledges that the transitional article that extends his mandate until 2024 “has been highly questioned” and questioned the independence and autonomy of the Judiciary.Read more: Yes there is a sector of the middle class unscrupulous and supporters of the one who does not move forward: AMLO
In this context, it is necessary that the Plenary of this Supreme Court of Justice of the Nation, in its capacity as guardian of the autonomy and independence of the Federal Judiciary, as well as the highest interpreter of the Constitution, establish a position as soon as possible,” he adds. 

In this regard, Zaldivar poses four questions to the Plenary in order to resolve the controversy: what determination should it adopt in the face of possible unconstitutionality? Can you rule on the constitutionality of rules that could affect the autonomy of the judiciary? The minister also asks the SCJN Plenary: What majority is required to invalidate or inapplicable a general rule? Is the content of the thirteenth transitory article of the reform reforms in accordance with Articles 97 and 100 of the Constitution?” If it is considered unconstitutional, what would be the effect of this resolution in relation to the general normal under analysis, as well as with respect to the Supreme Court and the Council of the Federal Judiciary?” is the last question. Arturo Zaldivar adds that in order to answer the questions and resolve the controversy over the extension of his mandate, he will instruct the corresponding Minister to form the file and turn to prepare a project that responds to the proposals.

I agree with the letter by which I activate the procedure for the Plenary of the SCJN to pronounce, as soon as possible, on the constitutionality of the thirteenth transitory article of the judicial reform. — Arturo Zaldívar (@ArturoZaldivarL)
June 14, 2021

On June 8, the president of the SCJN announced that he would present an extraordinary consultation on the judicial reform that entered into force that same day, particularly regarding the transitional article that extends his term from 4 to 6 years. Zaldivar stressed that it is necessary to seek an immediate solution to resume the focus of judicial reform, “so as not to prolong a situation of uncertainty that damages the legitimacy of the Judiciary.” As for judicial reform, the minister stressed that the changes it implies are endowed with “better tools to combat corruption and nepotism,” the strengthening of the Court’s role as a constitutional court, among other points. Read more: I wanted me to say that I am a dictator: AMLO for Leon Krauze’s interview with Jorge RamosThe extraordinary consultation that begins this June 14 could result in the SCJN destitub in a matter of days and without the need for a qualified vote of 8 ministers, determining the provisions of the transitional article that extends his mandate to be inappropriate, although it is not known whether the consultation will be debated in private or public session. For his part, President Andrés Manuel López Obrador (AMLO) has reiterated his support for Arturo Zaldívar and the extension of his term in the Court, which he considers crucial to execute the judicial reform, and stressing that it is not a re-election.

AMLO is interrupted for payment debit on the Trans-Isthmian Train

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Original source in Spanish

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