A federal judge in Puebla rejected petitions for amparo [protection] filed by thousands of teachers who made appeals against the education reform [which amended the Mexican Constitution], claiming it would affect their labor rights, because the judiciary cannot analyze whether [part of] the Constitution is unconstitutional.
The amparos were declared inadmissible by Carlos Alfredo Soto Morales, sixth district judge in San Andrés Cholula, Puebla, the Council of the Federal Judiciary announced.
"There is binding precedent from the Supreme Court of Justice of the Nation that says judges cannot review the constitutional reform process. This precedent is binding on this court," said Soto Morales.The thousands of teachers had challenged the amendments to Articles 3 and 73, popularly known as the "education reform", which were published on February 26 in the Official Journal of the Federation.
MV Note: The amendments were approved, as required, by more than half of the states. Publication in the Official Journal made them them laws that are in effect. However, the secondary legislation defining the regulations implementing the amendments has not yet been passed by the Congress.Moreover, according to the judge, these amendments have not yet caused the teachers damage, as the regulations governing the reform still need to be developed and issued, and there must first be a process of debate and evaluation before they enter into force for the professional teacher service. Then it can be considered whether they include actions that affect the teachers' labor rights.
The reform raises the professional teacher service to constitutional status and designates that the provision of teaching positions and promotions will depend on evaluations made by the State through the National Institute for Educational Evaluation (INEE), which has been made an autonomous agency.
... On April 10th, thousands of teachers marched to the Palace of Justice in Mexico City to deliver 50,000 appeals for amparo against reform. Spanish original