Mexico City’s Ninth Administrative District Judge, Elizabeth Trejo Galán, has granted a permanent suspension to the National Association of Circuit Judges and District Judges of the Judicial Branch of the Federation (Jufed) against the legal reform that 13 out of 14 PJF trusts were dissolved for 15,800 million pesos.
Consequences of Permanent Suspension
The court decision means that the funds cannot be used to support the victims of Acapulco, Guerrero, after the passage of Hurricane Otis, as proposed by President Andrés Manuel López Obrador and approved by the President of the Supreme Court of the nation, Norma. Piña.
“At this point, there are no objective elements that would allow us to believe that the provision of trust fund resources paralyzes or compromises the state’s activity in responding to any obligation or urgency of priority attention,” the preliminary measure cites.
The judge noted that although the measure was requested only by Jufed, “it has general effects as a natural, logical and legal consequence, since a preliminary measure with specific effects for the complainant also affects all civil servants Judiciary of the Federationbecause that is basically what is being claimed in the present case.”
According to the ruling, the federal government will not be able to use the resources of the defunct trusts until the amparo process is decided or the preliminary injunction is lifted.
Suspension of Ordinance and Restrictions
The measure orders the indefinite suspension of the decree adding a second paragraph to Article 224 of the Basic Law of the Judiciary of the Federation, published on October 27 in the Official Gazette of the Federation (DOF).
This means that, according to the finding, the funds mentioned in the aforementioned decree will not be available, “to the detriment of the acquired rights of PJF members in the field of labor and social security, related to their general working conditions and the various general agreements issued by the plenary session of the Federal Judicial Council (CJF)”. ‘.
Neither can the use be pooled into the Treasury of the Federation (Tesofe) or allocated by the Ministry of Finance and Public Credit (SHCP) “to any program of the National Development Plan”.
PJF was also prohibited from delivering funds, remaining resources and products and uses originating from the trusts to Tesofe.
And he ordered PJF “to refrain from dealing with institutions that serve as trustees, to cancel trusts and to sign agreements to terminate or terminate these financial instruments.
The Second Chamber of the Court will be notified of the resolution to determine through the Legal Department of the Bureau whether it is exercising appeal as requested by the Executive Branch.
rolando.ramos@eleconomista.mx