Without accepting a single reservation proposed by the opposition, around 4:00 in the morning the majority of Morena and its allies, approved with 86 votes in favor and 41 against, in general and in particular, the reform of the Judiciary proposed by the president Andres Manuel Lopez Obrador which establishes the election by popular vote of judges, magistrates and ministers.
The vote in favor of the PAN senator, Miguel Ángel Yunes Márquez and the absence of the senator of the Citizen Movement (MC), Daniel Barreda, gave the official bloc the 86 votes that make up the qualified majority required for this being a reform to the Constitution. It now goes to the state Congresses where the approval of 17 is required for it to be promulgated by the Executive.
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Once the reform is published in the Official Gazette of the Federation, the process will begin so that, starting in 2025, more than 1,600 judges, magistrates and ministers will be elected, with which Mexico will become the first country to elect all of its judges by popular vote, which was criticized by PAN senator Ricardo Anaya.
“Yes, we want more people, but not every six, nine and 12 years in their fraudulent reform, we want it as it works and works well in other parts of the world, with popular juries, with people participating in the verdicts, not only in North America there is this successful experience, the case of the United States and Canada,” declared Anaya.
The PAN senator said that “also in Latin America, Brazil and Argentina, in Asia, Japan, South Korea; in Europe Spain, France, Germany and Denmark that you like so much, and in Denmark there is the mixed jury system, that is the best international practice for the people to participate, a jury of citizens who contribute the vision of the people combined with jurists, technicians, specialists to build the verdicts, not every six, nine or 12 years, but every day.”
Another aspect of the approved reform is the creation of a Judicial Disciplinary Courtwhich replaces the Federal Judiciary Council, which, according to Morena senator Ernestina Godoy, president of the Constitutional Affairs Committee and future legal advisor to the Presidency, will allow for the independence of the Judiciary.
“The reform to Article 100 eliminates the Federal Judicial Council due to its inability to fulfill the obligation it was given. Instead, a specialized administrative body and a judicial disciplinary court are established. which will be made up of five magistrates also elected by popular vote, which will give it democratic legitimacy and independence to issue its resolutions,” he said.
In this regard, PAN Senator Mayuli Latifa Martínez considered that the new body “is a special inquisition court, prohibited by the Constitution, with absolute power to investigate any worker, any judge, magistrate or minister of the Judiciary, and to issue sanctions to dismiss or disqualify said officials, if it so decides.”
The reform also reduces the number of ministers of the Supreme Court of Justice of the Nation by going from 11 to 9 The presidency will rotate every two years, depending on which judge has received the highest percentage of votes, using a proportional representation system. The term of office will be 14 years for those who have received the most votes, 11 and 8 for those who have received the fewest.
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Regarding the minimum requirements to be able to aspire to a position in the judicial authority, the approved reform indicates that they must have a degree in Law, with a minimum average of 8, in addition to five years of experience in related positions, a series of essays on relevant topics and five letters of reference, including from their neighbors, detailing their qualities for the position.
The presidential initiative also establishes that No member of the Judiciary may receive a salary greater than that of the Head of State; and creates the so-called “faceless judges”.
Once the session was over, the President of the Board of Directors, Gerardo Fernández Noroña, called for the next one to take place on Wednesday, September 18, which will give the senators six days of rest.
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2024-09-13 15:51:34