Judicial Reform Advances in Congress Amid Protests
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Judicial Reform Advances in Congress Amid Protests

Photo by:   Wesley Tingey
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Paloma Duran By Paloma Duran | Journalist and Industry Analyst - Wed, 08/28/2024 - 13:25

The Constitutional Points Commission of the Chamber of Deputies has approved the judicial reform, setting the stage for further discussion in September. This approval comes amid widespread protests, demonstrations, and work stoppages from workers, judges, and ministers opposing the reform.

With 22 votes in favor and 17 against, the commission endorsed the reform, which proposes that judges, ministers, and magistrates be elected through direct voting. Beginning in 2025, all 11 members of the Supreme Court will be replaced with nine new members, who will serve 12-year terms, shorter than the current 15-year terms.

Additionally, circuit magistrates and district judges will be replaced gradually. The process will start with half of the positions in each judicial circuit being filled in an extraordinary election in 2025, with the remaining positions to be filled by 2027. All positions in the five regional chambers of the Federal Electoral Tribunal will be elected by direct vote, excluding the Specialized Regional Chamber.

During the campaign period, candidates will have equal access to radio and television. They are barred from using public or private funds for their campaigns or purchasing advertising space. Political parties are also prohibited from campaigning for or against any candidacy. The reform also stipulates that SCJN ministers, circuit magistrates, district judges, electoral magistrates, and other Federal Judiciary personnel cannot receive salaries higher than that of the President.

Leonel Godoy, Deputy, MORENA, defended the reform, asserting that judicial independence is essential for Mexico. "We have the legitimacy for this, and we firmly believe that judicial independence should come from direct voting by the people ... We urge judicial workers not to be misled by those earning more than the president and using them as political pawns," said Godoy. In contrast, PAN deputy Jorge Triana criticized the reform, questioning its effectiveness in combating corruption.

Since Aug. 19, judicial workers began an indefinite strike against a judicial reform. The nationwide strike follows a majority vote by the National Association of Circuit Magistrates and District Judges of the Federal Judiciary, which agreed to begin the strike on Aug. 21 and extend it indefinitely.

The proposed reform has raised concerns among investors, who argue that it would weaken a crucial check on power, harm Mexico's business climate, and breach commitments under USMCA. However, President López Obrador has dismissed these claims, while Claudia Sheinbaum has assured that labor rights and judicial careers will be safeguarded.

Photo by:   Wesley Tingey

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