Façade of the Mexican Supreme Court of Justice Picture: www.scjn.gob.mx
After the approval of the Internal Security Law, the legal battle began with the aim of repeal it, considering that it violates the human rights of Mexican citizens.
The Mexican Supreme Court of Justice accepted 8 Constitutional Controversies against the Internal Security Law filed by the municipalities of Nezahualcóyotl, Ocuilan and Cocotitlán, State of Mexico; of Hidalgo del Parral, Chihuahua; of the Yucatecan municipalities of Oxkutczab, Tepakan and Hoctun, and San Pedro Cholula, Ahuacatlán and Tepeyahualco in the state of Puebla. The reason given by the municipalities was that the rule invades their sphere of competence in the area of public security.
In addition, the Court accepted four Actions of Unconstitutionality filed by: 1) the National Human Rights Commission (CNDH), 2) Minority Deputies, 3) Minority Senators and 4) National Institute for Transparency, Access to Information and Protection of Personal Data (INAI). The arguments presented were that the law contravenes the human rights set forth in the Constitution, including the privacy of individuals, since the military may have access to their personal information under the argument of internal security.
Both the actions of inconstitutionality and the controversies were accumulated due to the existence of identity with respect to the shared decree, that is, all the resources will be combined in the same project.
Once the actions of unconstitutionality and controversy are admitted by the Supreme Court, it is decided whether to inform the two chambers or, because of the importance of the issue to the plenary. A rapporteur minister is assigned, who will notify the responsible authorities (in this case, the Congress of the Union and the President of the Republic) so that, within a certain period of time, they can answer the action, allege and offer proof.
Following this, the rapporteur minister draws up a draft resolution circulating among the other ministers, which is then discussed collectively. The draft resolution will declare the Constitutionality of the law or not, in case it is declared unconstitutional, the law will lose its validity. This procedure will take between 2 months and 3 months due to the importance of the matter.
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