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SCJN Partially Strikes Down Morelos Pension Decrees, Directs Congress to Fund Lawful Payments

The ruling protects budgetary autonomy by stopping state orders that tapped autonomous bodies’ resources for pensions.

Overview

  • In a unanimous vote on October 21, Mexico’s Supreme Court partially invalidated two decrees issued during Cuauhtémoc Blanco’s administration that charged pensions to the Morelos Judiciary and the state Prosecutor’s Office.
  • The Court held that the executive and legislature violated separation of powers and the financial autonomy of the autonomous organs by directing payments from their budgets without consent.
  • Justices affirmed the beneficiaries’ pension rights and required sufficient funding going forward so the payments are covered without breaching institutional autonomy.
  • The Judiciary must assume payment of Eldaí López’s pension, and the state Congress must provide resources so the Fiscalía can cover Carlos Alberto Figueroa Vázquez’s pension.
  • The decision stemmed from constitutional controversies 260/2024 and 283/2024, with the opinion authored by Minister Sara Irene Herrerías Guerra and practical effects clarified by Court President Hugo Aguilar Ortiz.