Ackerman
La Jornada, January 26, 2009.
With the annulment of the election for mayor in Zimapán, Hidalgo, the Regional Court based in Toluca Electoral Judicial Tribunal of the Federation (TEPJF) has given a great garantismo lesson and upholding the rule of law to the very top of the same court room.
Judges of Toluca, headed by Santiago Nieto, refused to continue with impunity and inaction line drawn by Maria del Carmen Alanis and his colleagues, who ended badly last year by endorsing the primaries of the Democratic Revolution Party and validate his knees Acapulco municipal elections. Politically
is unfortunate annulment of the victory of Jose Maria Lozano as mayor of Zimapán. Lozano, head of the civic movement Zimapán Everyone who has bluntly opposed to the construction of a "containment" of toxic waste in the municipality hildalguense. The leader has denounced pressure of English construction firm Abengoa, Befesa and argues that the construction of new landfill could cause serious health problems for residents.
Fortunately, the movement headed by Lozano shows no signs of weakening. The annulment of his victory has been a catalyst for their cause and most likely the leader emerges victorious again in the second round.
Meanwhile, in legal terms the decision of the Board of Toluca has great significance. Represents a serious effort to defend constitutional principles and fairness in elections. This decision breaks so sharply with the tolerance of lawlessness that has characterized the performance of our electoral institutions in recent years.
Zimapán The decision of the case can be read as an extended rebuttal to the aberrations court opinion both the validity of the 2006 presidential election and the decision of the election of the PRD. Toluca judges say we need to approach the work of review of a contested election with "openness and flexibility" for "excessive and strict adherence to the rigidity and formality in the evaluation of the evidence, leads to impossible the establishment of the facts, to the fragmentation and dispersion of the traces could be rescued and would have escaped the destruction, concealment or simulation. "
In other words, judges can not afford to take a blind eye to the obvious violations of the law. Have an obligation to reconstruct the facts as best as possible and act accordingly when setting up a serious and widespread violation of constitutional principles in electoral matters.
all remember how in 2006 the electoral court did just the opposite to minimize the intervention of President Vicente Fox for supposedly the metaphorical way in which expressed ("you have no change of rider and horse) was difficult to understand for the Mexican people.
also dismissed the "determinacy" of eSPOTS and brochures Business Council and the campaign of Felipe Calderón black because they had data that would measure exactly how many votes you could have deducted for Lopez Obrador. Instead of assessing, investigating and interpreting all illegal comprehensive way, the judges chose to hide their incompetence behind a facade of "formalism."
With the decision in the case Zimapán regional Toluca room not only offers a great lesson to the living room TEPJF top, but also rebels against the attempts by federal lawmakers to tie the hands of election judges. One of the most questionable of constitutional reform in 2007 election was the attempt to eliminate the possibility of canceling elections using the "causal abstract nullity." The new text of Article 99 of the Constitution states that the electoral court may only "declare an election invalid on the grounds expressly laid down in the laws."
But Zimapán Case argues that this constitutional provision can not be above other mandates and constitutional principles in electoral matters such as fairness, accuracy, legality and the separation between state and church.
According to the interpretation of Nieto and her colleague Adriana Favela, electoral judges have the duty to defend and uphold the Constitution directly, beyond the specific wording of the grounds for nullity in law. In other words, visionary "causal abstract void" fortunately still alive and kicking thanks to the judges of Toluca, and despite the attempts of both the judges of the superior room as federal lawmakers to give an early death.
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