At least a dozen workers of the National Electoral Institute (INE) have already obtained provisional suspensions against the Plan B election of President Andrés Manuel López Obrador, so the restructuring of the body ordered in the legislative changes cannot be applied in these cases.
Among the suspensions granted, the one issued by the Sixteenth District Court in Administrative Matters of Mexico City stands out, which benefits Raquel Mondragon Correa, Head of the Department of Programming and Projects in the Technical Unit for Links with Local Public Bodies of the INE, whose position cannot be reduced as mandated by the reform.
“Based on articles 128, 129 and 138, of the Amparo Law, the provisional suspension is granted (…) for the effect that the effects are not executed (sic) of the challenged act, that is, so that things are kept in the state they were in before the issuance of the challenged decree”, points out the ruling by Judge Gabriel Regis López, whose copy is in his possession. HIGH LEVEL.
The official promoted an Amparo Trial against the decree that reformed the General Law of Electoral Institutions and Procedures, with which she combats the constitutionality of several articles of the new legislation in which various changes to the structure of the INE are ordered.
The effects of the provisional suspension include that Mondragón Correa continue “in the position you hold, receiving your benefits in the way you have been doing, until before the entry into force of the general rules that are claimed in this way, ”adds the suspension.
It should be noted that this benefit will only be in force until Judge Gabriel Regis Lopez decide whether to grant the final suspension, which could happen this week.
If this is the case, the official cannot be removed from her position until the amparo ruling is issued, and the same can happen with other public servants who have promoted similar trials, thus stopping the restructuring of the electoral body that is established in the reform, which significantly reduces the number of people in substantial areas of the INE.
In this same court, there are other officials from the National Electoral Institute who also obtained provisional suspensions, although their names were omitted from the files.
The route in courts
In turn, the collective amparo lawsuit filed by 147 INE employees, who claim that the organization’s restructuring does not affect them, is still pending admission.
In fact, to this demand is added another lawsuit, equally collective, presented by more than 90 public servants of the electoral body, advanced HIGH LEVEL the lawyer representing them Rodolfo Martinez.
According to calculations by the same electoral authority, between 4,000 and 6,000 workers will have to leave their posts, if the reform of the legislation is fully applied.
The plaintiffs in these protections want to avoid losing their jobs and the various benefits that the INE grants them, including their medical expense policies and their individualized separation insurance, benefits that the reform cancels 100%.
on your side, Edmundo Jacobo Molina, Executive Secretary of the INE, resumed his functions also thanks to the definitive suspension granted to him by the Twelfth District Court in Administrative Matters of Mexico City, an instance that canceled the application of a transitory article of the Plan B election of the president who ordered his immediate dismissal.
The first part of these legislative changes have already been suspended since February 21, according to a ruling by the minister of the Supreme Court of Justice of the Nation (SCJN), Alberto Pérez Dayán, who admitted the Unconstitutionality Actions of legislators from opposition against the General Laws of Social Communication, and Administrative Responsibilities.
These regulations, which have been in force since December 28, 2022, cannot be applied in the State of Mexico and Coahuila, since elections will be held in these entities in 2023.
Until now, there are more than 150 Constitutional Controversies and Unconstitutionality Actions promoted before the SCJN against the first part of the electoral Plan B, to which are added a controversy that the INE has already filed against the second part of the reform, and an action promoted by Movimiento Ciudadano.
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