SCJN admitted lawsuit against Plan B

Due to the possible violation of the political-electoral rights of citizens, the Supreme Court of Justice of the Nation (SCJN) granted the suspension requested by the National Electoral Institute (INE) against the reforms to the secondary electoral legislation that he challenged, the so-called Plan B.

The measure was ordered by the rapporteur minister, Javier Laynez Potisek, upon admitting for processing the constitutional controversy lawsuit filed by the body against the “Decree that reforms, adds, and repeals various provisions of the General Law of Electoral Institutions and Procedures, of the General Law of Political Parties, of the Organic Law of the Judiciary of the Federation, and that issues a new General Law of the Means of Challenge in Electoral Matters”.

The suspension applies to all the contested articles of the Decree referred to in order that things remain in the state in which they are found and govern the provisions in force before the contested changes approved by the Congress of the Union.

Laynez Potisek ordered the suspension requested by the electoral authority because the Decree not only contains general regulations but also specific acts of application, on which the suspension is generally granted.

The Court has ruled on other occasions that in the case of constitutional controversies it is appropriate to grant the suspension even if it is about laws, when they could irreparably violate human rights.

In the specific case sued by the INE, a possible violation of the political-electoral rights of citizens was argued, and hence the measure granted.

The investigating minister asked the defendant authorities, in this case the Union Congress and the Federal Executive, submit their response within the legal term.

rolando.ramos@eleconomista.mx