The controversial reform to elect the Mexican judiciary by popular vote, proposed by President Andrés Manuel López Obrador, took a significant step forward on Wednesday after receiving approval from the Senate. This decision follows the passage of the bill in the Chamber of Deputies last week, sparking widespread debate and uncertainty among both Mexican citizens and international stakeholders, including the United States.
Overview of the Proposal
The reform seeks to fundamentally change the structure and selection process of Mexico’s judiciary, specifically by introducing elections for judicial positions, including the Supreme Court of Justice of the Nation (SCJN) and the Electoral Tribunal of the Judicial Branch of the Federation (TEPFJ). Additionally, the reform proposes the creation of a new Judicial Disciplinary Tribunal, which would oversee internal oversight.
In total, 1,688 judicial positions would be subject to election, of which 21 would be elected at the national level. The remaining positions, including district judges and circuit magistrates, would be selected in elections held at the state level.
Key Changes Proposed
- Election of Judicial Officials: Members of the SCJN, district judges, and circuit magistrates would be elected by popular vote. The first elections for half of these positions are planned for 2025, with the remaining positions to be filled in 2027.
- Reduction in SCJN Justices: The reform plans to reduce the number of SCJN justices from 11 to 9, with their term of service limited to 12 years, compared to the current 15 years.
- Single Chamber for SCJN: The Supreme Court, which currently operates with two chambers, would shift to plenary sessions exclusively, eliminating the chamber system.
- Elimination of Life Pensions: The reform eliminates the life pension currently awarded to SCJN justices upon retirement. Additionally, judicial salaries will be capped to never exceed that of the President of the Republic.
- Creation of Faceless Judges: To address concerns over safety and extortion threats, the reform introduces “faceless judges” who would adjudicate high-risk cases, such as those involving drug trafficking, anonymously. This measure aims to ensure their independence and security but raises significant concerns about transparency and accountability.
- Judicial Disciplinary Tribunal: The reform would replace the Federal Judicial Council (CJF), the body responsible for overseeing and administrating the judiciary, with a new Judicial Disciplinary Tribunal. This tribunal would consist of five members, down from the current seven, with one member appointed by the President, one by the Senate, and three by the SCJN.
Controversies and Public Response
The proposed reform has ignited widespread controversy among various sectors of Mexican society, with concerns raised about its potential impact on the independence of the judiciary, legal security, and the rule of law.
Critics argue that electing judges and magistrates by popular vote could lead to the politicization of the judiciary, undermining its impartiality and independence. The move to reduce the number of justices and eliminate judicial chambers has also been seen as a potential weakening of the court’s ability to handle a broad range of complex cases.
The introduction of faceless judges, a measure used in other Latin American countries like Brazil, Colombia, and El Salvador, has raised significant concerns about the opacity and concentration of power. Critics worry that such judges, with almost unlimited authority and no public accountability, could pose risks to democratic institutions and human rights.
Concerns from the International Community
The international community has also expressed its concerns over the proposed reform. U.S. Ambassador to Mexico Ken Salazar highlighted the potential risks to both democracy and the economy, particularly regarding the impact on foreign investment and legal certainty.
Rating agencies such as Fitch have similarly voiced their concerns, particularly about the reform’s potential effects on investor confidence and market stability. The uncertainty generated by the reform has already begun to affect the Mexican economy, with the peso depreciating since the announcement of Claudia Sheinbaum’s electoral victory and subsequent endorsement of the initiative. The peso recently dropped to 20 units per U.S. dollar, a level not seen since 2022.
Political Implications
Although there was initial speculation that President-elect Claudia Sheinbaum might present a more moderate version of the reform, she has fully endorsed the initiative presented by López Obrador. Her support for the reform signals that the judiciary overhaul will likely remain a central issue as she takes office on October 1.
The reform also has implications for Mexico’s relationship with key international partners, including the United States. U.S. officials have expressed concerns over the potential weakening of Mexico’s democratic institutions, which could affect future cooperation on security, trade, and economic development.
Conclusion
As Mexico moves forward with this significant judicial reform, the country finds itself at a crossroads. The changes, aimed at reshaping one of the most critical pillars of democracy, have sparked a vigorous national debate and raised concerns internationally. While the proposal aims to increase transparency and public trust in the judiciary, its potential consequences—particularly regarding judicial independence and democratic governance—remain to be seen.
The approval of the reform in both houses of Congress marks a pivotal moment in the López Obrador administration’s efforts to reshape Mexico’s political landscape. However, the road ahead is fraught with challenges as the nation grapples with the balance between judicial reform and the preservation of democratic principles.
