Mexico’s ruling party, Morena, is currently in discussions regarding changes to a proposed judicial reform. The original proposal put forth by outgoing President Andres Manuel Lopez Obrador raised concerns among investors as it introduced the idea of electing nearly 1,600 judges, including those for the Supreme Court, through popular vote. This move sparked fears of a potential political takeover of the judiciary, prompting the need for revisions to the reform.
Sources familiar with the discussions have revealed that Morena is considering implementing modifications to the reform to address market concerns. One key adjustment being discussed is the idea of staggering the election of judges over several years. By spreading out the election process, the party aims to alleviate worries of a sudden and complete political influence over the judiciary.
Furthermore, it has been suggested that a technical committee will be responsible for selecting participants in the election process. Potential judges would undergo suitability tests to ensure their competence for the role. Additionally, measures will be taken to safeguard the trust funds of judicial workers, a move aimed at protecting their financial interests.
The proposed judicial reform has already had repercussions on the market, with Mexico’s peso experiencing an 8% drop following the recent elections. The election results also ushered in a super-majority for Morena in the lower house of Congress, further heightening concerns among critics about potential political interference in the justice system.
While President-elect Claudia Sheinbaum has voiced her support for the reform, critics argue that the popular election of judges could lead to politicization of the judiciary in favor of Morena and its allies. The reform also includes a proposal to reduce the number of Supreme Court judges from 11 to 9, a move seen as a fundamental transformation of the justice system.
In addition to domestic considerations, Morena is also taking into account the effects of the reform on international agreements such as the United States-Mexico-Canada Agreement (USMCA). The popular election of judges, if implemented without strict conditions, could potentially impact the functioning of Mexico’s labor courts established to comply with the USMCA.
Senator Ricardo Monreal, expected to lead Morena in the lower house, emphasized the importance of incorporating amendments to the reform that uphold the principles of a “clear, transparent, and predictable” legal framework as outlined in the USMCA. He highlighted the need for legislators to carefully consider improvements and modifications to the presidential proposal in order to maintain Mexico’s commitment to its trade agreements.
The proposed judicial reform in Mexico has sparked intense debate and raised significant concerns about the future of the country’s judiciary. While efforts are being made to address these concerns and mitigate potential risks, the ultimate impact of the reform remains to be seen. It is crucial for all stakeholders to engage in constructive dialogue and strive for a balanced approach that upholds the rule of law and safeguards the independence of the judiciary.