on the matter.” 13 Based on the foregoing, in the Judgment this Court ordered the State to
complete the adaptation of its domestic law to the Convention, within a reasonable time, so
that it adapted the secondary legislation and the norms that regulate the proceedings for the
protection of the rights of the citizen to the provisions of the constitutional reform of
November 13, 2007, so that, using this remedy, citizens are effectively guaranteed the
possibility of contesting the constitutionality of the legal regulation of the right to be elected
(supra having seen paragraph 5).
17.
In this regard, the Court notes that, by a decree of July 1, 2008, 14 the State amended
the Electoral Contestation Law and the Organic Law of the Federal Judiciary (infra considering
paragraphs 18 and 19), in order to include within the attributes of the Superior Chamber of
the Electoral Tribunal of the Federal Judiciary (hereinafter “the Superior Chamber”) and the
Regional Chambers of the Electoral Tribunal of the Federal Judiciary (hereinafter “Regional
Chambers of the Electoral Tribunal”) the competence “[t]o decide […], in specific cases, not to
apply electoral laws that are contrary to the Constitution.” 15 Similarly, following this legislative
reform, article 6.4 of the Electoral Contestation Law (concerning the common rules applicable
to the contestation mechanisms) establishes that:
Notwithstanding the provisions of article 105 of the Constitution, the Chambers of the Electoral
Tribunal of the Federal Judiciary, in exercise of their jurisdictional functions, may decide not to apply
laws on electoral matters that are contrary to the Constitution. The decisions handed down in the
exercise of this authority shall be limited to the specific case heard in the proceedings. In these
cases, the Superior Chamber of the Electoral Tribunal shall advise the national Supreme Court of
Justice. 16
18.
These changes amended the Electoral Contestation Law and the Organic Law of the
Federal Judiciary in keeping with the provisions of the 2007 constitutional reform (supra
considering paragraph 16), as ordered in the sixth operative paragraph of the Judgment.
19.
The Court notes that also, in paragraph (f) of article 10, this amendment to the
Electoral Contestation Law added as a cause for the dismissal of proceedings and the
inadmissibility of the electoral contestation mechanisms, “[w]hen, in the contestation
mechanism, a request is made, exclusively, not to apply a general electoral law that has been
declared valid by the national Supreme Court of Justice, in the terms of paragraph II of article
105 of the Constitution.” 17 In this regard, the Court finds that the new cause of inadmissibility
established in article 10.1.f) of the Electoral Contestation Law is not, per se, contrary to the
measure of reparation ordered in the Judgment or to the American Convention, in the
13
Cf. Case of Castañeda Gutman v. Mexico. Preliminary objections, merits, reparations and costs. Judgment of
August 6, 2008. Series C No. 184, para. 230.
14
The Court notes that, even though this amendment occurred before the delivery of the Judgment, the
Court was not informed of it at the merits and reparations stage of this case; hence the Court did not examine this
amendment in its Judgment.
15
Cf. Decree amending, adding to, and annulling various provisions of the Organic Law of the Federal Judiciary
and of the General Law on the System of Mechanisms for Contesting Electoral Matters, published in the Official
Gazette on July 1, 2008, art. 1 in which, inter alia, articles 189 and 195 of the Organic Law of the Federal Judiciary is
amended (monitoring compliance file, tome I, folios 204, 207 and 209).
16
Cf. Decree amending, adding to, and annulling various provisions of the Organic Law of the Federal Judiciary
and of the General Law on the System of Mechanisms for Contesting Electoral Matters, published in the Official
Gazette on July 1, 2008, art. 1 in which, inter alia, paragraph 4 is added to article 6 of the Electoral Contestation Law
(monitoring compliance file, tome I, folios 213 and 214).
17
Cf. Decree amending, adding to and annulling various provisions of the Organic Law of the Federal Judiciary
and of the General Law on the System of Mechanisms for Contesting Electoral Matters, published in the Official
Gazette on July 1, 2008, art. 2 in which, inter alia, paragraph (f) is added to article 10.1 of the Electoral Contestation
Law (monitoring compliance file, tome I, folios 213 and 215).
7