Due to the stubborn inaction of the majority in the Senate, the TEPJF Supreme Chamber, consisting of 5 of the 7 members established by the Constitution, has been in operation since November last year. Except for one detail, there is no quorum problem like the one that affected INAI and forced the Supreme Court to take action. The Supreme Court meets every week, makes decisions, and everyone except the President is subject to its decisions.
The detail is that the Organic Law of the Judiciary, in the fifth paragraph of Article 167, defines the following: “To make a declaration of the validity of the President or President-elect of the United Mexican States or to declare invalidity in such elections, the Supreme Chamber shall meet in the presence of at least six of its members.”
This is not a minor detail. We are talking about presidential elections. How should at least one of the two vacancies be filled to form the legally required quorum of six justices of the peace?
The solution is to apply what is provided in the same aforementioned article to cover the final vacancies of judges of the Supreme Chamber while the appointment by the Senate takes place. I quote the letter:
“…at the time of the relevant election, absences will be made up by the most senior magistrate or, as appropriate, by the most senior judge if there are matters requiring urgent consideration.” The last condition is a well-known fact.
According to the legal norm, given that there are 4 regional magistrates in office with the same seniority, it is possible to apply the final part of the cited rule and call the most senior of them, who is the magistrate of the Regional Court of Guadalajara, Gabriela del Valle.
TEPJF President Monica Soto put forward the idea that in case of equality of seniority of positions, the most senior magistrate should be called without considering seniority. It is not right. Law and precedent establish that age is a criterion applicable only to persons of equal seniority. (See reporter Erica Hernandez’s note Reform 05/14/24 p.9)
At the same time, it is incorrect to say that 5 judges of the Supreme Chamber “elect” a regional judge who has a quorum of 6 people. They won’t choose. They should call the person with the longest tenure in the position and the most seniorwhose name is Gabriela del Valle.
I hope no one wants to miss this list., or ready, and 5 active judges follow the law. I’m concerned about other aspects of the same topic.
The press release quoted above states that August 3 will be the date when Judge Gabriela del Valle will be called to the Supreme Court. It seems to me that this is the wrong decision. To base this on the hypothesis that perhaps before that date the Senate will fulfill its duties of appointing individuals to fill two vacancies in the Supreme Chamber and six vacancies in the regional chambers is a poor forecast, but it also ignores the fact that it is predictable: challenges to the presidential elections will be presented between June 10 and June 14, and their study should begin immediately.
Based on her public statements, it appears that the TEPJF presiding judge has an idea that Judge Del Valle will be summoned until August 3rd only to vote on projects related to the presidential election, in which she will not participate at all. This is the wrong decision. For obvious reasons, all judges of the Supreme Chamber must be aware of and participate in the study of materials related to these elections from the moment they are presented. For this reason the judge Del Valle must be summoned to the Supreme Court immediately.or no later than June 3. To present it to the Regional Court of Guadalajara, the law and precedents provide a solution.
In the context of an electoral process marked by non-compliance with the Constitution and laws, in which enormous blame lies with both the INE and the TEPJF, the worst thing that the judges who constitute the majority in the Supreme Chamber can do is to sow doubt and mistrust about the integration of the sixth judge, who will qualify for the presidential election.
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Source: Aristegui Noticias
John Cameron is a journalist at The Nation View specializing in world news and current events, particularly in international politics and diplomacy. With expertise in international relations, he covers a range of topics including conflicts, politics and economic trends.
