understanding that this norm will be applied and interpreted “so that the [protection
proceedings] truly guarantee citizens the possibility of questioning whether the legal
regulation of the right to be elected is in keeping with the Constitution [in a specific case).”
The Court considers that this new cause of inadmissibility seeks to preserve the structure of
judicial competences established by domestic law, as regards the control of the conformity of
the laws with the Constitution; thus, in principle, it is reasonable in order to preserve the
practical effects of the exclusive competence granted to the national Supreme Court of Justice
(hereinafter “the Supreme Court”) to carry out a central control of constitutionality in the
abstract. In addition, this Court notes that this legal provision was not examined in its
Judgment, because it is a cause of inadmissibility that arose as a result of the new possibility
granted to the electoral tribunals to examine the constitutionality of norms in specific cases,
as ordered by this Court in the instant case (supra considering paragraphs 16, 17 and 18).
20.
The Court also notes that the parties have provided various judicial decisions to the
case file. They reveal that, currently, the limitations to the accessibility and effectiveness of
the protection proceedings, based on which this Court declared the violation of the right to an
effective remedy in its Judgment, are not being applied. In this regard, in two judgments of
June 1, 2010, and June 15, 2011, the Superior Chamber examined the possibility of not
applying a legal norm based on its alleged unconstitutionality in relation to the right to be
elected. 18 Similarly, another three judgments provided ratify the authority of the Superior
Chamber and the Regional Chambers of the Electoral Tribunal not to apply norms in a specific
case because these are considered to be unconstitutional. 19 The State also mentioned 17
cases in which both the Superior Chamber and the Regional Chambers of the Electoral
Tribunal have not applied, directly and indirectly, electoral laws contrary to the Constitution,
and at least four of these refer to the right to be elected. 20 Furthermore, the representatives
recognized that these “precedents indicated by the Mexican State reveal significant progress
in [the Mexican] system of access to justice by citizens who have considered that their
politico-electoral rights have been violated and, truly, it can be inferred from them that article
10 [… of the Electoral Contestation Law] has not represented an obstacle to the exercise of
the remedy, because the [Electoral Tribunal has] proceeded to exercise the powers that it has
now been granted under article 99 of the Mexican Constitution, despite the provisions of
article 10 […] of the said law.” In this regard, the Court considers that these judicial decisions
demonstrate that the legislative and constitutional reforms undertaken by the State are
achieving the guarantee that there is an appropriate remedy to question the constitutionality
of electoral laws in specific cases. 21
18
Cf. Judgment delivered by the Superior Chamber on June 1, 2010, in case SUP- JDC-132/2010 concerning
Luis Manuel Pérez de Acha (file of evidence received during the private hearing on February 20, 2012, tome I, folios 1
and 44), and Judgment delivered by the Superior Chamber on June 15, 2011, in case SUP-JDC-4880/2011 concerning
Marciano Javier Ramírez Trinidad (file of evidence received during the private hearing on February 20, 2012, tome I,
folios 45 and 63).
19
Cf. Judgment delivered by the Superior Chamber on June 27, 2012, in case SUP-JDC-1749/2012 concerning
Gumesindo García Morelos (monitoring compliance file, tome II, folio 1070); Judgment delivered by the Superior
Chamber on June 29, 2012, in case SUP-JDC-1774/2012 concerning Federico Jesús Reyes Heroles González Garza et
al. (monitoring compliance file, tome II, folio 1036), and Judgment delivered by the Superior Chamber on August 26,
2011, in file SUP-JDC-574/2011 concerning Héctor Montoya Fernández (file of evidence received during the private
hearing on February 20, 2012, tome I, folio 105).
20
The State did not provide a copy of these decisions.
21
The Court notes that judgments were provided in which the Superior Chamber considered that article
10.1.a) was applicable, because what was sought was to question, in abstract, the constitutionality of various norms.
In this regard, the Court notes that the measure of reparation does not include a State obligation to guarantee that,
using protection proceedings, an abstract control of constitutionality is carried out; it therefore finds that the said
decisions do not reveal a different criterion to the one indicated (supra considering paragraphs 18 and 20). Cf.
Judgment delivered by the Regional Chamber of the Electoral Tribunal of the Federal Judiciary corresponding to the
Fourth Plurinominal Circumscription on June 2, 2009, in case SDF-JDC-190/2009 concerning Elisa de Anda Madrazo
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