The Supreme Court of Justice of the Nation (SCJN) will have in its hands the decision whether or not to carry out the public consultation with a view to prosecuting five former presidents of the Republic for alleged acts of corruption.
After receiving in the Senate the request of the federal president Andrés Manuel López Obrador to carry out this popular consultation, it was immediately sent by the president of the Senate, Eduardo Ramírez Aguilar, to the presiding minister of the Supreme Court, Arturo Zaldívar.
“In compliance with the provisions of section I of article 26 of the aforementioned law [Federal de Consulta Popular], I allow myself to send to that Supreme Court of Justice of the Nation, the request received with the proposed question formulated, in order to resolve and in due course notify the Senate of the Republic about the constitutionality of the same “, indicates the official letter .
The subject was turned over to the presentation by Minister Luis María Aguilar. According to the Federal Law of Popular Consultation, the Supreme Court will have 20 calendar days to analyze and decide whether the consultation proposal raised yesterday by the president is constitutional or not.
In addition, the Court must resolve the constitutionality of the proposal, check that the question that will be posed to the public complies with the requirements established in the law, make the modifications it deems conducive to the President’s questioning and notify the chamber that sent the proposal. , in this case the Senate, its resolution.
If the SCJN declares the matter of the consultation unconstitutional, the matter will be declared as totally and definitively concluded, that is, that the question does not go and its resolution is unassailable.
If, on the contrary, the Court endorses the consultation, the proposed question may not be modified by Congress and must be referred to the Senate Governance Committee, as it was the one to which it was raised, and to the corresponding committees for analysis. and opinion.