The Supreme Court of Justice of the Nation (SCJN) gave a period of eight months for the return of the National Guard to the Secretariat of Security and Citizen Protection (SSPC), for which -formally- The effects of the ruling that this week declared the transfer of the corporation to the Army unconstitutional will begin on January 1, 2024.
The ministers of the Court reformulated this Thursday the decision approved last Tuesday when, by eight votes in favor, they determined the invalidity of the reform that militarized the National Guard, because it violates articles 21 and 129 of the Constitution, numerals which establish that all public security forces must be in charge of civilians.
The minister who spoke the ruling approved, Juan Luis González Alcántara, was the one who proposed that the separation of the National Guard from the Ministry of Defense (Sedena) should take place on the first day of January next year.
“During this period, the agencies involved will have the necessary time to gradually adjust the administrative, budgetary, and operational control of the National Guard, which by mandate of Article 21 of the Constitution corresponds to the Secretariat of the Public Security branch. This term will allow the aforementioned adjustment to be carried out in a full, gradual and orderly manner”, said González Alcántara.
In this way, the transfer of the National Guard to the Secretary of Security can be carried out over the next eight months, thereby prioritizing the certainty and legal security of the institution.
This term granted by the country’s highest court is designed for the federal government to carry out all the necessary adjustments, so that the hierarchical superior of the entire National Guard, before the president, is the head of the Ministry of Public Security , Rosa Icela Rodriguez Velazquez.
In this section, the proposed deadline was approved by a majority of nine votes in favour, including that of Minister Loretta Ortiz Ahlf, who on Tuesday voted against the ruling that declared the militarization of the National Guard unconstitutional.
With this sentence, the Supreme Court determined that the National Guard cannot carry out its operations with a command structure made up of the Ministry of National Defense, Well, that violates the Constitution.
At the conclusion of the vote on this Unconstitutionality Action promoted by opposition senators, the Court began the analysis of a challenge by the National Human Rights Commission against the National Guard Law.
MORE NEWS:
surya palaces Journalist and lawyer, specialist in legal analysis and human rights. She has been a reporter, radio host and editor.