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 September 4, 2024

Mexican Congress Approves Major Judicial Reform Amid Controversy

Mexico City witnessed a historic and contentious legislative event as its lower house of Congress approved a major judicial reform early Wednesday morning.

Reuters reported that the reform, championed by outgoing President Andres Manuel Lopez Obrador, introduces elections for judicial positions and a reduction in Supreme Court justices, amidst significant opposition and concern.

The debate kicked off on Tuesday afternoon and stretched over 12 hours, eventually relocating to a sports complex due to a blockade by judicial workers at the lower house. This significant shift in the venue underscored the tense atmosphere surrounding the bill's passage.

With a vote tally of 359 to 135, the measure cleared a significant hurdle. The substantial majority reflects strong support within the ruling party Morena, despite widespread controversy.

Context and Details of the Judicial Reform

The constitutional reform aims to democratize the judiciary by enabling the public to elect over 7,000 judges and magistrates, including those who serve on the Supreme Court. This marks a profound shift from the current system where Supreme Court judges are nominated by the president and confirmed by the Senate.

Under the new proposal, not only would the number of Supreme Court judges be reduced from 11 to 9, but their terms would also be capped at 12 years, a stark change from the indefinite terms they currently hold. Additionally, the required work experience for ministerial candidates would be halved, lowering the barrier to entry into high judicial ranks.

These changes, according to supporters, aim to reduce corruption and increase accountability within the judiciary.

President-elect Claudia Sheinbaum has also voiced her support for the reform, aligning with Lopez Obrador’s stance.

The reform has not been without its critics. Constitutional law experts and some members of the judiciary argue that the reform overlooks critical areas such as the prosecutorial and police systems, which are also plagued by impunity and corruption.

Francisco Burgoa, a constitutional law specialist at UNAM, expressed severe concerns about how the reform was pushed through, stating it reflects a "regression that threatens to destroy our constitution, the division of powers, constitutional democracy, and particularly the judiciary."

Moreover, the U.S. ambassador and several investors have raised alarms about the reform's potential impact on the business environment and the balance of powers in Mexico. These concerns highlight the broader implications of the reform beyond the judiciary.

Next Steps and Broader Impact

The reform will now move to the Senate, where it is expected to pass given the strong majority held by the ruling party.

Lawmakers still have the opportunity to propose modifications to specific articles before final approval.

Meanwhile, the Supreme Court judges, showing solidarity with the opposition, have joined a work stoppage.

This unprecedented move underlines the discontent among the judiciary regarding the proposed changes.

Lopez Obrador defended the reform, emphasizing its necessity to combat judicial corruption and hold judges accountable. "The reform is necessary to hold judges accountable and reduce corruption," he stated, encapsulating the government's justification for these sweeping changes.

As Mexico stands on the brink of a judicial transformation, the next steps in the Senate will be crucial in determining the final shape of this reform. The international community and domestic stakeholders are watching closely, recognizing the potential for significant shifts in Mexico’s judicial landscape and broader democratic framework.

Written By:
Christina Davie

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