The six keys to the controversial reform of López Obrador’s Judicial Branch

The reform to elect by popular vote the Judicial Power proposed by the president of Mexico, Andrés Manuel López Obrador, causes uncertainty in the markets and civil society, but will be promoted after the victory of the official presidential candidate, Claudia SheinbaumIn the elections.

These are the keys to the project that generates controversies in Mexican public opinion and that can be approved as of September 1, when the alliance of ruling parties predictably recovers the two-thirds majority of Congress to reform the Constitution.

1. Popular election of judges

The proposal proposes the election by popular vote of the members of the Supreme Court of Justice of the Nation (SCJN), of the Electoral Tribunal of the Judicial Branch of the Federation (TEPFJ), of a new Judicial Disciplinary Court and, in general, of all district judges and circuit magistrates in the country.

In total, 1,688 positions would be put to the vote, of which 21 would be at the national level and the rest would be divided by state.

2. Changes in the Supreme Court

The Supreme Court is the highest constitutional court and highest jurisdictional authority of the Judicial Branch in Mexico.

The proposal foresees a reduction in the number of ministers (members) of the SCJN, which would become nine instead of the current 11 and whose position they would hold for 12 years, three less than at present.

It would also eliminate the two chambers that currently operate and the Court would only sit in full session.

To apply for the position it would be necessary to be over 35 years old, have been a lawyer for a decade and not have held positions in the year prior to your election.

There would be no possibility of a lifetime pension in the event of retirement, as now, and the remuneration of the members of the Court can never exceed that of the head of the Executive.

3. Electoral Court

The TEPJF is the highest jurisdictional authority in electoral matters, it is responsible for resolving controversies related to the elections, such as the recent challenges to the June 2 election made by the Mexican opposition.

It is divided into two levels: the Superior Chamber and regional chambers, and, with the Government’s proposal, both would maintain their current number of magistrates, 7 and 18 respectively, but their mandate would be reduced from the nine years they currently have to six. .

4. A new Judicial Disciplinary Court

It is another novelty, as it would replace the Federal Judiciary Council (CJF), the administration and internal surveillance body of the Judiciary.

It could receive complaints from any person or authority, and investigate ministers, magistrates, judges and judicial personnel for acts contrary to the law.

Of the seven members of the CJF it would go to only five, of which the Executive would appoint one, the Senate another and the rest the SCJN, with a period of six years each.

5. Elections by state

In Mexico City alone, 339 positions, 114 judges and 225 magistrates, would be voted on, and there could be up to 2,034 candidates since each power, Executive, Legislative and Judicial, could name up to two candidates per position.

A similar situation would occur in the main states of the country.

In the State of Mexico there would be 114 positions with up to 684 candidates, Jalisco would have 122 positions to be elected with up to 732 candidates, and in Nuevo León a total of 72 positions with up to 432 suitors.

6. López Obrador and Sheinbaum at different speeds

López Obrador, who leaves office on October 1, has reaffirmed that he wants to accelerate the approval of the reform once his alliance of parties has on September 1 the qualified majority, of two thirds of Congress, necessary to modify the Constitution without negotiate with the opposition.

His statements contrast with those of Sheinbaum, who on Monday said in a conference that he agreed in his meeting with the president to make a “very broad discussion” throughout the country about the reform that involves bars, law schools, workers in the Judiciary and current judges.

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