“Let’s give a example to the world because The judiciary, it is more than proven, does not impart justice“said the president, celebrating the approval of the amendment that strained relations with USA -main trading partner of Mexico- and generates economic nervousness.
López Obrador, who will hand over power to his fellow party member Claudia Sheinbaum On October 1, he pushed for the constitutional amendment in the context of a clash with the Supreme Court, which he accuses of favoring corruption and criminal groups, and of being a trench for the opposition. “The regime of corruption and privileges is becoming more and more of a thing of the past,” Sheinbaum said in X.
The Supreme Court has blocked reforms by López Obrador that expanded state involvement in the energy sector and left citizen security in the hands of the military, among others. Currently, Impunity in Mexico, where there are about 80 homicides every day and more than 100,000 missing people, exceeds 90%according to the Supreme Court itself.
Some judges of that court, the United States, the United Nations and organizations such as Human Rights Watch warn that election by popular vote can leave judges at the mercy of political and criminal interests. This represents the “demolition” of the Judiciary, denounces the president of the Court, Norma Piña.
Following approval in the Senate, The reform must be approved by at least 17 state congresses, which does not seem to be an obstacle for the Morena party. and its allies who control two-thirds of the governorships. It will then be signed into law by the presidency. These procedures began on Wednesday in several states.
López Obrador, whose popularity exceeds 70%, maintains that the Court lacks the power to stop the amendment through challenges.
How will judges be elected by popular vote in Mexico?
The election of nearly 1,600 officials will take place in 2025 and 2027 between candidates proposed equally by the Executive, Legislative – where the ruling party has large majorities – and Judicial branches. Current judges may run, but if they do not do so they would remain in their positions until those elected take office.
The reform includes the creation of the Judicial Disciplinary Tribunal, a government body to oversee the conduct of judicial personnel, whose judges will also have to be elected at the polls in 2025.
All elections would be regulated and supervised by the National Electoral Institutepresumably without interference from political parties.
Other changes include reducing the number of Supreme Court judges from 11 to 9, with a rotating presidency. every two years, depending on which judge received the highest percentage of votes. The duration of the positions will also depend on the number of votes: 14 years for those who have received the most votes, 11 and 8 for those who have received the least.
Requirements are also established for running for election for federal magistrates and judges.will need to have a law degreewith a minimum grade point average of 8, five years of experience in related positions, essays on relevant topics and five letters of recommendation for the position.
Among the changes brought by the amendment, the figure of the “faceless judges” to face the racketeering This is a concern for Ana Paola Morales, a 23-year-old protester and international relations student. It violates the “right to know who is judging you and on what charges,” she told AFP.
The reform was approved with 86 votes in favor and 41 against, after a chaotic day that included the invasion of the Senate by striking judicial officials and students.
As a result, the deliberations were moved to the former Senate headquarters in Mexico City, as happened a week ago when the Chamber of Deputies had to approve the law in a sports center, as its building was blocked.
Criticism of judicial reform in Mexico
This Tuesday, Dozens of protesters entered the Senate to protest the approval. After hours in front of the Legislature, They managed to break through the security barriers and entered the chamber where the reform was debated, which had already been partially approved by the Chamber of Deputies.
Faced with a weak and small guard, the protesters entered without much resistance. They carried Mexican flags, sticks and drums. As they advanced, they chanted “Mr. Senator, stop the dictator!” or “The judiciary will not fall!”
Critics also claim that the reform actually seeks to eliminate judicial independence in order to establish an authoritarian regime and perpetuate Morena in power. They also warn that it limits the administrative career based on merit, although the Supreme Court refers to serious problems of nepotism in the judiciary.
The reform is questioned in particular by Margaret Satterthwaite, the United Nations rapporteur on the independence of judges and lawyers, who had called for reconsideration in order to safeguard the independence of judges. It puts Mexico “in a unique position in terms of the method of selecting judges,” he said Tuesday.
LThe initiative strained vital relations with the United States and Canadawhich warn of damage to legal security in the framework of the T-MEC trade agreementThe Mexican peso, meanwhile, appreciated about 1.5 percent against the dollar, driven by profit-taking following the passage of the reform, according to traders in New York. The currency hit two-year lows in early August, pressured by investor concerns about the independence of judges.
The other similar case in Latin America is that of Bolivia, where the magistrates of the high courts are elected by popular vote, while the ordinary judges are appointed by a judicial council.
Source: Ambito
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