April 17, 2020 / COVID-19 / Litigation
Notice regarding the declaration of non-business days and remote sessions of the plenary meeting and chambers of the Supreme Court of Justice of the Nation.
(GENERAL AGREEMENTS 4/2020, 5/2020 y 6/2020)
Due to the Covid-19 health emergency in the country, courts and tribunals have decided to suspend their activities. However, the Supreme Court of Justice of the Nation (SCJN) agreed that, given the special importance of its resolutions and the effectiveness of the right of access to justice, the Plenary meeting and the Chambers would meet remotely.
For this reason, on March 15, 2020, the Supreme Court of Justice of the Nation published in the Federal Official Gazette the General Agreements 4/2020[1] and 5/2020[2] which respectively regulate the execution of remote sessions of the SCJN Plenary meeting and Chambers through the use of computer tools, in accordance with the following operating rules:
- The ordinary remote sessions of the Plenary meeting of the SCJN will be held on Mondays, Tuesdays, and Thursdays in the schedule called by the Chairperson.
The ordinary remote sessions of the Chambers of the Supreme Court of Justice of the Nation will be executed on Wednesdays or the dates deemed by their members, in the schedule called by the Chairperson of the respective Chamber.
In both cases, notwithstanding the fact that the Chairperson may call extraordinary remote sessions.
- The notice of meeting for the execution of remote sessions will be issued by the Chairperson through electronic or printed means, in accordance with the Agenda previously distributed by the General Ministry of Agreements or the respective Ministry of the Chambers, or as determined by the Chairperson.
- For the execution of the Plenary meeting sessions, the presence of the number of Ministers indicated in the Federal Judicial Branch Organic Law, Article 4 and 15, will be required through the respective electronic link, as well as the presence of the court clerk who will attest to the referred quorum, the analyzed matters, the adopted agreements, and the votes cast.
- During the sessions, the Chairperson will be responsible for directing the debates. In case of any technical failure that prevents the dully required quorum, the Chairperson may adjourn the session, call the next session, or decree a recess in order to resume the session as soon as possible. The resumption of a session will require a new notice of meeting when the session cannot continue on the same day.
- The minutes of the sessions must be signed in printed or electronic format by the Chairperson and the respective court clerk. The engrossments of the resolutions issued must be signed, in any of the referred formats, by the Chairperson, the court clerk, and the Reporting Judge, notwithstanding to continue the formality established for the formulation of observations, the approval of the Chairperson, the court clerk, the Reporting Judge, and the preparation of votes.
On the other hand, the Supreme Court of Justice of the Nation issued the General Agreement 6/2020[3] by which it determines the days from April 20 to May 5, 2020, non-business days, notwithstanding to enable the days and hours that may be necessary for the purpose of:
- Providing and carrying out the necessary actions regarding urgent constitutional controversies in which the suspension is requested.
- Executing remote sessions through computer tools in accordance with the terms established in the regulations issued for such purpose.
[1] https://www.dof.gob.mx/nota_detalle.php?codigo=5591666&fecha=15/04/2020
[2] https://www.dof.gob.mx/nota_detalle.php?codigo=5591667&fecha=15/04/2020
[3] https://www.dof.gob.mx/nota_detalle.php?codigo=5591668&fecha=15/04/2020
