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Suspension of jurisdictional activities

Based on the provisions of Articles 1, third paragraph, and 4, fourth paragraph, of the Political Constitution of the United Mexican States, which bind the Supreme Court of Justice of the Nation (SCJN) to adopt the necessary measures to protect the health of all persons, and considering the risk implied by the health contingency derived from the CODVID-19 virus, the Plenary of the SCJN, by means of General Agreement 3/2020, dated March 17, 2020, ordered the suspension of jurisdictional activities, in accordance with the following: (i) declared the days from March 18 to April 19, 2020 as non-working days, on the understanding that during this period no procedural terms will run, and (ii) allowed the days and hours necessary to rule on the admission of urgent constitutional controversies in which the suspension has been requested, in accordance with the provisions of Article 282 of the Federal Code of Civil Procedures.

SUSPENSION OF JURISDICTIONAL FUNCTIONS AT LOCAL AND FEDERAL LEVEL

In order to prevent the spread of the COVID-19 virus, and following the recommendations of the World Health Organization, the Plenary of the Federal Judiciary Council (CJF), through Agreement 4/2020, dated March 17, 2020, determined to suspend jurisdictional functions in the Federal Judicial Branch (PJF), from March 18 to April 19, 2020. The above essentially implies that: (i) the work of the jurisdictional bodies of the PJF is suspended, (ii) the deadlines and procedural terms do not run, (iii) no hearings or sessions of the Circuit Plenary Sessions are held, and (iii) Exceptions to this measure are jurisdictional bodies that are on call only for the attention of urgent matters, which will be working from 9:00 a.m. to 3:00 p.m., adopting precautionary measures such as remote work and the use of the necessary technological tools.

Regarding the Federal Criminal Justice Centers, the CJF agreed to suspend procedural terms other than constitutional terms, with the understanding that non-urgent procedural hearings will be rescheduled as of April 30, 2020. Urgent determinations such as the following cannot be postponed:

  1. Qualification of detentions.
  2. Commitments to process.
  3. The implementation and modification of precautionary measures related to pretrial detention.
  4. Extradition determinations.

In the same sense, the Plenary of the Judiciary Council of Mexico City, determined in Agreement 39-14/2020 -adopted in ordinary session dated March 17, 2020-, to authorize the “Contingency Plan for the Judiciary of Mexico City”, which entails the suspension of work and procedural terms as of March 18 until April 20, 2020. Exempted from such suspension were the criminal courts and judges of the adversarial criminal procedure system, including juvenile justice, as well as the Unit for the Supervision of Precautionary Measures, Conditional Suspension of Proceedings, Judicial Management Units and Specialized Judicial Management Units.

FEDERAL COURT OF ADMINISTRATIVE JUSTICE SUSPENDS JURISDICTIONAL ACTIVITIES

On the occasion of the General Plenary Agreement 3/2020 of the SCJN and in terms of the provisions of Article 65, second paragraph, of the Organic Law of the Federal Court of Administrative Justice (TFJA), the General Plenary of the Superior Chamber of such jurisdictional body, also determined to suspend jurisdictional activities from March 18 to April 19, 2020, in the understanding that during these days no procedural terms will run.

Roberto Altamirano Fuentes

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