The attorney for the plaintiff says that this case has the defects of absolute nullity, especially because she was already a judge and expires on June 30 and extending her mandate outside the law.
The appointment of Elsy Dueñas Lovos as a member of the Constitutional District is “absolutely flawed, as the procedure established by law for the election of the judges of the Supreme Court of Justice has been totally and absolutely dispensed with.” A few hours ago, against that electoral process after the dismissal of judges from the constitutional district.
The lawsuit was brought before the Administrative Litigation Chamber of the Supreme Court by Constitutional Attorney Enrique Anaya against the plenary session of the Legislative Assembly that elected Duñas on May 1.
Anaya stated in her application that the defect of nullity is further manifested in the fact that Doynias Lovos, as a judge of the court whose term expires on June 30, cannot be extended for her appointment, which is justified by the legislation. Assembly did.
This appointment, Anaya says, “is in fact an absolutely unlawful extension, extension or extension of her mandate as a judge.”
From the Presidency Council, and specifically President Najib Boukil, they said that it was not dismissal but rather a “change”, but in the opinion of lawyer Anaya, this does not apply because there was no vacancy to fill the constitutional room.
“In any case, the appointment of a license. As a judge at SCn / CSJ, she cannot exceed the period for which she was elected as a judge, which ends June 30, 2021, but since she was appointed a judge in SCN / CSJ until October 15. On November 2027, the judge’s tenure was unlawfully extended to more than 15 years, Anaya says.
Another argument from Anaya is that Duñas Lovos is not included in the list of 30 candidates sent before the new assembly took office as a result of a legally established process, but there was no public study in the Legislative Assembly’s political committee nor general parliamentary deliberations.
With this appointment, Anaya says, the MPs who elected her have violated the Basic Justice Law, the National Council of Journalists Law, and the Legislative Council’s internal regulations.
Three days earlier, Anaya also filed a lawsuit against the entire legislature to appoint three judges to the Constitutional District: Luis Javier Suarez Magania, Hector Nahum Martinez Garcia, and José Angel Perez Chacon.
The plaintiff said, “The appointment is absolutely flawed, as the legal procedure in force for the election of the judges of the Supreme Court of Justice, including the Constitutional District, has been completely and absolutely dispensed with.”