On June 10th, the Center for Constitutional Studies of the Mexican Supreme Court published its analysis of the Judicial Branch reform’s initiative as proposed by President López Obrador last February 5th.
Below we present five issues that, in our opinion, constitute the heart of such analysis. If you should wish to read it in full (it is only available in Spanish, but we will gladly provide unofficial English translations upon request), you can find it here.
1. Election of judges by popular vote:
(a) Judges should not be elected by popular vote; such procedure does not guarantee greater legitimacy nor quality in judicial decisions.
(b) Preserve competitive examinations and meritocratic training to ensure that judges have all necessary knowledge and skills.
2. Judicial Branch governance:
(a) Separate the existing administrative and judicial disciplinary bodies from the presidency of the Supreme Court, to allow the latter to focus on its role as the final arbiter of constitutional justice.
(b) Include a new constitutional provision setting forth that at least 2% of the federal annual budget should be allocated to the Judicial Branch to avoid its dependence on annual lobbying for greater resources and thus favoring judicial independence.
(c) Involve the citizenry in the governance and oversight of federal and state judicial branches in order to create a bridge between civil society and the Judicial Branch, as per the experiences of the States of Coahuila, Oaxaca, and the State of Mexico.
3. Judicial discipline:
(a) Amend the proposed provisions applicable to the Judicial Discipline Tribunal so as to ensure its objectivity and impartiality, avoiding the politicization of its members which could affect judicial decisions.
(b) Include mechanisms to challenge the decisions of the Judicial Discipline Tribunal in order to guarantee fair trials.
4. Prompt and expeditious justice:
(a) Implement any reforms gradually so as to ensure the provision of truly fair and timely justice.
(b) Guarantee the specialization of judges in order to improve the duration and quality of trials.
5. Sociodemographic profile of judges:
(a) Promote a greater demographic representation and diversity in the Judicial Branch.
(b) Adjust the human component of the Judicial Branch so as to include members of academia, political organizations and non-governmental organizations, thus contributing to the former’s democratization.
If you should have any questions on the content of this Alert, please contact:
Pérez Correa González
