World
Why the large majority of judges in Mexico might be selected by the public in the near future
The legislation passed by Congress could produce one of the most far-reaching judicial overhauls in any major democracy.
Updated 2024-Oct-07 04:34
Protesters wearing business attire lock arms and shout chants outside of a court building.
When will the measures be authorized and put into action? Mr. López Obrador s Morena party leaders aimed to pass the measures in Congress this month prior to Mr.López Obrador s term ending on Oct. Last week the lower house approved the measure with 357 lawmakers supporting the overhaul and 130 against it.
Wednesday saw the Senate approve the overhaul with 86 votes in favor. 41 senators voted against it. In addition to being approved by both houses of Congress the measures must also be approved by a majority of state legislatures a simple task due to Morena and its allies having a majority in most state congresses.
The implementation of changes would occur slowly with most of the judiciary facing elections in 2025 and the remainder in 2027.This indicates that each of the 32 states must amend their constitutions to decide between holding elections in 2025 or delaying them for two years.
Several critics who are in favor of the overhaul believe that the system requires restructuring. However they caution that the government s suggestion would not significantly solve the judiciary s issues.
Critics argue that the proposed changes would undermine judicial independence and enable Mr. López Obrador s political movement to centralize power.
President Andrés Manuel López Obrador of Mexico leaves office at the end of September. But before he does he will see one of his final missions largely fulfilled: a sweeping redesign of the judiciary that he says is needed to fight corruption.
The changes championed by the president would shift the judiciary from an appointment based system largely grounded in training and qualifications to one where voters elect judges and there are few requirements to run.
Nearly all of Mexico’s more than 7 000 judges could be affected by the measure making the overhaul one of the most sweeping of its kind attempted anywhere in the world in recent decades according to legal scholars.
The changes would apply to the 11 justices currently on the Supreme Court 1 635 federal judges and magistrates and more than 5 700 judges at the state and local level.
Long lists of requirements to become a judge would be eliminated especially at the federal level opening the way for people who simply have a law degree and a few years of legal experience to run.
The measure was approved in the lower house of Congress last week and it overcame its biggest obstacle when it was narrowly passed in the Senate on Wednesday even after protesters barged into the building and interrupted the session on Tuesday.
It will now go to Mexico’s state legislatures where it is expected to easily pass in the coming months.
The proposed measure could produce one of the most far reaching judicial overhauls of any major democracy.
Relatively few countries allow judges to be elected on a significant scale but none to the degree that Mr.López Obrador is proposing according to legal scholars. The government says the measure is needed to modernize the judiciary and instill trust in a system plagued by graft influence peddling and nepotism.
Mr. López Obrador’s successor Claudia Sheinbaum takes office on Oct. 1 and has fully backed the plan.
But critics of the overhaul argue that the plan would do little to fix problems like corruption and would instead enhance the power of Mr.López Obrador’s nationalistic political movement. Here is what to know about Mexico’s proposed judicial overhaul.
They are worried that the reforms may solidify their political dominance by appointing judges aligned with the ruling Morena party leading to longer lasting advantages.
Some international companies fear that it may become challenging to find impartial judges to resolve conflicts between the government and businesses.
Some critics have cautioned that drug cartels might try to sway the outcomes of the upcoming judicial elections similar to how they have intervened in other political contests across the nation.
While only a few countries permit such electoral interference.
