Mexican President Andrés Manuel López Obrador is pushing for a reform of the judiciary. The proposal was approved in the plenary session of the country’s Chamber of Deputies on Tuesday (4).
This comes amid criticism from the opposition and the suspension of activities of workers and judges of the Federal Judiciary.
The reform of the judicial system is part of a package of 20 reforms presented by the president last February to modify several parts of the country’s Constitution.
The opinion to be debated includes four important changes, which we explain below.
Judges and magistrates elected by popular vote
The document proposes modifying article 95 of the Constitution to elect ministers of the Supreme Court of Justice of the Nation (SCJN), the Superior Chamber and the Electoral Court of the Judiciary of the Federation (TEPJF) by free, direct and secret vote for a period of 12 years, and not 15, as is currently the case.
If the reform is approved, extraordinary elections will be held in 2025 to renew ministers, magistrates and judges. Those who currently hold these positions will be able to stand as candidates, the head of the Interior Ministry, Luisa María Alcalde, said in February.
To be elected ministers, candidates must have professional training in Law with a minimum average of 8.0 and 9.0 in subjects related to the position for which they are applying and at least five years of professional experience in the exercise of legal activity.
Interested candidates must submit “a three-page essay justifying the reasons for their candidacy and sending five letters of reference from neighbors, colleagues or people who support their suitability for the position”.
For the ministers of the Supreme Court of Justice of the Nation (SCJN), those elected would remain in office for eight, 11 and 14 years, depending on the result of the vote.
Currently, ministers are appointed by the president through a shortlist, and the winner must be supported by at least two-thirds of senators at the time of voting, while magistrates and judges are appointed by the Federal Council of the Judiciary.
The initiative indicates that each Power (Executive, Judiciary and Congress) will form an evaluation committee composed of five people “recognized in legal activity” who will analyze the candidates.
The National Electoral Institute (INE) will be responsible for making electoral calculations, publishing the results and delivering majority certificates to the candidates who obtain the highest number of votes.
New integration of the Supreme Court of Justice
The third paragraph of Article 94 of the Constitution is expected to be reformed in order to reduce the number of ministers of the Supreme Court of Justice from 11 to 9. In addition, the term of office will increase from 15 to 12 years.
The Presidency of the court “will be renewed every two years, on a rotating basis depending on the number of votes each candidate obtains in the respective election, with the Presidency corresponding to whoever obtains the highest number of votes”, according to the document. Currently, the ministers elect its president.
The two chambers of the high court would be eliminated and only plenary sessions would be held, which must be public and transparent so that everyone has access to the matters under discussion.
The proposal also includes eliminating the lifetime pension of current and future ministers and adjusting their salaries to the maximum limit established for the president of Mexico, which, according to the federal government, is around 8 thousand dollars per month.
Replacement of the Federal Council of the Judiciary
Another proposed change is the replacement of the Federal Council of the Judiciary, which is responsible for administering the Judiciary and monitoring the performance of judges.
The proposal aims to replace it with two institutions: the Disciplinary Judicial Court and the Judicial Administration Body.
The first will be in charge of administrative functions, the judicial career and internal control, in addition to preparing the budget for the Judiciary, according to the reform document.
The Judicial Administration Body would be composed of five people appointed for a period of six years, as follows:
- The Executive Branch would appoint a person
- The Senate, someone else
- The Supreme Court of Justice, three
The Presidency of this body will change every two years and will rotate among its judges according to the voting results.
Its functions include receiving complaints from any person or authority and investigating ministers, magistrates, judges and judicial officials for acts contrary to the law or the Administration of Justice.
Another point that is raised is the figure of “faceless judges”, whose purpose is to protect those who resolve cases involving organized crime.
“In the case of organized crime, the judicial administration body may order the necessary measures to preserve security and protect the identity of judges,” it states.
Currently, the Federal Judicial Council is composed of seven members:
- One of them is the president of the Supreme Federal Court and also of the Council
- Three magistrates and district judges, appointed by the plenary of the Court by a majority of at least eight votes;
- Two councilors appointed by the Senate
- An advisor appointed by the President of Mexico
New procedural rules
The reform proposes four new rules:
- Swift justice: proposes a maximum period of six months for resolving tax issues and one year for criminal issues.
- Suspensions: The granting of suspensions of laws with general effects in support, constitutional controversies and unconstitutionality actions is prohibited.
- Local justice: the judicial powers of the federated entities must establish rules for the direct election of their magistrates and judges, as well as independent administrative and disciplinary bodies.
- Judicial Funds: Once the pending trials have been concluded, they must be returned to the Social Security Pension Fund, respecting the rights and benefits of workers.
Criticism of the reform
Although the Mexican president and his party, Morena, assure that the changes to the judicial system seek to respond to the people’s demand for an austere and independent justice institution, the reform has been the target of criticism.
Stanford Law School’s Rule of Law Impact Lab and the Mexican Bar Association warned that the proposals “constitute a direct threat to judicial independence, violate international standards, and undermine democracy in Mexico.”
In a report published last May, they highlighted that “few countries in the world elect judges by popular vote, of which only Bolivia and the United States use judicial elections to select judges for courts with constitutional jurisdiction.”
“The experience of these two countries confirms that judicial elections undermine judicial independence and impartiality,” they added.
Judge Daniel Sánchez Montalvo, member of the National Association of Circuit Magistrates and District Judges of the Judiciary of the Federation, previously pointed out to CNN that this judicial reform proposed by the government represents “a direct attack on the separation of powers”.
Sánchez Montalvo said the biggest risk “is the impact on the judicial independence that should govern and deprive in all countries.” He added that this means “that there should be no external or internal influence at the time when judges decide or issue their resolutions.”
Mexican President calls for reform
López Obrador has defended the reform on several occasions. In June, for example, he said that the only people who oppose it are the “machuchones” – a term used to refer to powerful people – who, in his words, have benefited alleged criminals.
“Real businessmen want the rule of law, speculators want a crooked state, they are the ones who do not want a reform to cleanse the Judiciary of corruption,” said the president.
Constitutional reforms require the vote of two-thirds of the Chambers of Deputies and the Senate, as well as the majority of state Congresses.
*with information from Natália Cano
This content was originally published in What is the Judiciary Reform Discussed in Mexico? on the CNN Brasil website.
Source: CNN Brasil
Bruce Belcher is a seasoned author with over 5 years of experience in world news. He writes for online news websites and provides in-depth analysis on the world stock market. Bruce is known for his insightful perspectives and commitment to keeping the public informed.
