The unprecedented suspension of the Senate legislative power by the Constitutional Court

This paper analyzes the Constitutional Court's Order 177/2022, of December 19, which constitutes an unprecedented resolution by suspending the processing of two legislative amendments and preventing the Senate from fully exercising its legislative power in a legislative reform on the appointment of constitutional judges. The Constitutional Court allowed two judges to intervene in the deliberation and ruling on their own recusal, jeopardizing the right to an impartial court. In admitting the amparo appeal, the Constitutional Court issued a decision on the merits by paralyzing the legislative procedure with a lack of prudence and respect for parliamentary autonomy despite compliance with the Senate's Rules of Procedure and the guarantees of the rights of senators in the legislative procedure. The Constitutional Court has created a new way of prior review of constitutionality not contemplated in either the Constitution or the Constitutional Court Organic Law, authorizing each deputy or senator individually to request the Constitutional Court to suspend a bill parliamentary processing.