Judges to overturn new Issstecali Law, present Constitutional Controversy

According to the full High Court of Justice there is no money to face commitments with Issstecali to incorporate personnel of confidence and the new legislation allegedly violates article 14 of the Mexican Constitution

MEXICO CITY – The full court of Baja California determined to prepare a constitutional controversy before the Supreme Court of Justice of the Nation against the new Issstecali Law that has been in force since its publication in the Official State Newspaper on February 17.

There is Jurisprudence in Circuit Court that indicates that the Issstecali Law does not proceed as it was approved by the State Congress, besides that the Judicial Power of the State is impossible. The plenary decision was taken at the regular meeting on Tuesday, March 24.

The Judiciary is the only one that has no debts with Issstecali, so applying the new Law would mean requesting a loan to fulfill the commitments to provide medical service to the Institute, has more than 1,500 employees both trust and base.

The Magistrates and the Judicial Counselors found that the second paragraph of Article 64 of the Issstecali Act violates article 14 of the United States Constitution, which provides for non-retroactivity of laws.

Another of the arguments of the judges responsible for the administration of the Judiciary is the impracticability of complying with what is established in the economic reforms since they are subject to incorporate the personnel of trust to Issstecali, which translates into economic contributions .

This situation live the councils, reason why it transcended that some Mayors analyze to promote the constitutional controversy like the Judicial Power of the State. The Law of the Institute of Security and Social Services of Government Employees and Municipalities of the State of Baja California (ISSSTECALI) regulates pensions and pensions of bureaucrats and teachers.

The new legal framework rendered ineffective the legislation that had been in force since December 20, 1970. “The granting of pensions and pensions, whose application is pending the entry into force of this law, will be determined in accordance with the transitory articles of The Laws that regulate fractions I and II of Article 99 of the Political Constitution of the Free and Sovereign State of Baja California, “states the third transitional article of the new law of the ISSSTECALI.

On February 18, two laws of 20 articles entered into force: Law that Regulates Workers that Refers to Section I, Section B of Article 99 of the Political Constitution of the Free and Sovereign State of Baja California. Section B is new and refers to State workers and municipalities, and there is a secondary law known as fraction II, and refers to teachers. The new ISSSTECALI law covers 142 articles.

The Judicial Power of the State would challenge Article 64 second paragraph before the Supreme Court of Justice of the Nation which would prejudice one of the projects made in the government of Francisco Vega de Lamadrid.

What the Mexican Political Constitution says

ARTICLE 14. ANY LAW WILL GIVE RETROACTIVE EFFECT IN THE INJURY OF ANYONE.

Article 64, second paragraph of the Issstecali Law In cases where the State, Municipalities and, where applicable, public bodies incorporated, recognize their seniority voluntarily or by judicial decision, the State, Municipalities and public bodies incorporated Cover the contributions and the workers the quotas, which have been omitted during the recognized period. Said contributions and quotas will be covered based on the Actuarial Study carried out by the Institute for the granting of benefits derived from the regime of this Law.

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