This note explains the elements that distinguish the new Regional Plenums of the Federal Judicial Branch that replaced the Circuit Plenums, which were granted with broader powers, and began their functions on January 16, 2023.
I. Constitutional basis
On March 11, 2021, the “Decree whereby several provisions of the Political Constitution of the United Mexican States related to the Federal Judicial Branch are amended and supplemented” was published in the Federal Official Gazette, ordering, among others, the creation of Regional Plenums in replacement of the Circuit Plenums.
II. Integration
Each Regional Plenum shall be composed by three circuit magistrates who would serve for a three-year term and may by appointed for another three-year term. One of these three members shall be the Regional Plenum chairman.
III. Jurisdiction of the Regional Plenums
1. Jurisdiction conflicts
i. Regional Plenums shall solve jurisdiction conflicts arising between Collegiate Circuit Courts of the same region, specifically the Regional Plenum with subject matter jurisdiction over the requesting Collegiate Circuit Court.
ii. Regional Plenums shall solve jurisdiction conflicts arising between Collegiate Circuit Courts of different regions, specifically the Regional Plenum with both subject matter and territorial jurisdiction over the Collegiate Circuit Court that noticed the conflict.
2. Precedent and criterion conflicts
i. Regional Plenums shall rule over precedent and criterion conflicts that arise between Collegiate Circuit Courts of the same region.
ii. Regional Plenums shall inform the Plenum or Chambers of Mexico’s Supreme Court of Justice (“SCJN”) the precedent and criterion conflicts that arise: (i) between said Chambers, (ii) between Regional Plenums, or (iii) between Collegiate Circuit Courts from different regions.
It should be noted that the applicable regime provides the possibility that any person or institution may file amicus curiae briefs before a precedent and criterion conflict is solved. Although these briefs are not mandatory for the Regional Plenums, they must be mentioned in the respective ruling.
3. General declaration of unconstitutionality
The Regional Plenums shall request, by majority of their members, to the SCJN to initiate the procedure for a declaration of unconstitutionality when within their region a binding court precedent has been issued derived from indirect amparo action appeals, whereby declares the unconstitutionality of a general rule -except in tax matters.
4. Delegated jurisdiction
The SCJN, through general court orders, may delegate to the Regional Plenums more powers and faculties. The Federal Judiciary Council (“CJF”) foresees that the SCJN also delegates the power to solve precedent and criterion conflicts arising between Collegiate Circuit Courts from different regions, although it has not occurred as of today.
IV. First Regional Plenums
The CJF created eight Regional Plenums: four assigned to the Center-North Region, and four assigned to the Center-South Region, and instructed them to begin their functions on January 16, 2023.
- Center-North Regional Plenums:
i. Regional Plenum in Criminal Matters of the Central-North Region, with residence in Mexico City.
ii. Regional Plenum in Administrative Matters of the Central-North Region, with residence in Mexico City.
iii. Regional Plenum in Civil Matters of the Central-North Region, with residence in Mexico City.
iv. Regional Plenum in Employment Matters of the Central-North Region, with residence in Monterrey, Nuevo Leon.
- Center-South Regional Plenums:
i. Regional Plenum in Criminal Matters of the Central-South Region, with residence in San Andres Cholula, Puebla.
ii. Regional Plenum in Administrative Matters of the Central-South Region, with residence in Cuernavaca, Morelos.
iii. Regional Plenum in Administrative Matters of the Central-South Region, with residence in Cuernavaca, Morelos.
iv. Regional Plenum in Employment Matters of the Central-South Region, with residence in Mexico City.
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This note is exclusively for information purposes. We remain available for any question or comment in connection with the foregoing.
Federico Martens Alva
Luis Gerardo González Meyer