5 keys to understand the judicial reform of Mexico that will allow judges to be elected by popular vote

2024-09-12 11:51:35

Controversial amendment to elect the Council of Justice by popular vote proposed by the current President of Mexico, Andrés Manuel López Obradorwill begin after having passed the filter of the Chamber of Representatives and the Senate, in the latter great thanks to the vote of a turncoat.

These are the 5 keys to the project that is causing controversy in Mexican public opinion, uncertainty in markets and concern in key partners such as the United States.

The proposal suggests voting by popular vote of the members of the Judge of the National Court of Justice (SCJN), of Electoral Court of the Judiciary of the Federation (TEPFJ), of a new Judicial disciplinary proceedings and, in general, of all the district judges and circuit judges of the country. Together, 1,688 positions will be put to a voteof which 21 will be at the national level and the rest will be distributed by state. According to the planned dates, the Supreme Court ministers and half of the judges and district judges will be elected in 2025, and the other half will be elected in 2027.

Them Supreme Court It is the highest constitutional court and the highest authority of the Department of Justice in Mexico. The proposal predicts a reduction in the number of ministers (members) of the Supreme Court, which will become 9 instead of the current 11 and the position they will maintain for 12 years, three less than currently. It will also eliminate the two chambers currently in operation and the Court will sit only in full session. To apply for the position will be necessary to be over 35 years oldhave been attorneys for ten years and did not hold office the year before their election. There will be no possibility of a lifetime pension in the event of retirement, as now, and the profits of the members of the courts cannot exceed those of the heads of the Executive.

It is another novelty, since it will replace the Federal Judiciary Committeemanagement and internal surveillance of the Justice. It can receive complaints from any person or authority, and investigate ministers, judges, judges and judicial staff for actions that are against the law. Of the seven members of the CJF will go to only five, of which the Executive will appoint one, the Senate another and the rest of the Supreme Court, with a term of six years each.

The reform envisages the possibility of the human assembly of “blind judges”, figures who will administer justice in cases of drug trafficking and high violence anonymously with the aim of preserving their safety and freedom against to silence and threats. These measures, implemented in other countries such as Brazil, Peru, Colombia she El Salvadorraises great concerns because of the implied impunity, since these judges will not obey any form of public accountability and will have absolute power granted by the State itself.

Although they initially thought that the president they elected, Claudia Sheinbaum (which will take office on October 1), can defend a more moderate version of the reform, which has finally fully supported the initiative presented by López Obrador. At the international level, the United States representative Ken Salazar that refers to “threats for democracy and the economy”, and value companies such as Fitchexpressed their concern about the impact the reform could have on investment and legal protection. In addition to this is the depreciation of the peso, which has continued since Sheinbaum’s election victory was announced, with a drop to 20 units per dollar, a level not seen since 2022.