5.11.2024

The SCJN dismisses the concepts of invalidity raised in the constitutional challenges filed against the constitutional reform in judicial matters

The Plenary of the Supreme Court of Justice of the Nation("SCJN") analyzed the project of Minister Juan Luis GonzálezAlcántara Carrancá regarding the constitutional challenge (acción deinconstitucionalidad) 164/2024 and accumulated challenges 165/2024,166/2024, 167/2024 and 170/2024, filed by the Partido Acción Nacional, PartidoRevolucionario Institucional, various deputies of the Congress of the Stateof Zacatecas, Partido Movimiento Ciudadano and Partido UnidadDemocrática de Coahuila, in which they claimed the invalidity of the Decreethat reforms, adds, and repeals various provisions of the PoliticalConstitution of the United Mexican States, concerning the reform of theJudicial Branch, published in the Official Gazette of the Federation onSeptember 15, 2024 (the “Decree”).

 

The majority of the ministers approved that the promoting politicalparties are legitimized to promote constitutional challenges. However, sincethe necessary majority of 8 votes to declare the invalidity of the Decree wasnot reached, the constitutional challenge under study was dismissed, so theDecree remains valid and fully effective.

 

Although various amparo claims filed against theDecree are still pending, considering today's vote in the SCJN, it isforeseeable that the implementation of the constitutional reform in judicialmatters will continue as approved.

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