What is sought with the Federal Judicial Power Reform

The recent initiative to reform the Federal Judiciary has generated considerable debate in the legal and political spheres. This proposal introduces significant changes in the structure and functioning of the Mexican judicial system, with the objective of strengthening transparency, efficiency and accountability in the administration of justice. In this article, we will explore the most relevant aspects of this initiative and its potential impact on Mexico's legal landscape.

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To approve this reform, the vote of a qualified majority of the Congress of the Union is needed; that is, two-thirds of those present, as well as a simple majority of the state's congresses.

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The reform of the Federal Judiciary consists of reforming articles 17, 20, 94, 95, 96, 97, 98, 99, 100, 101, 107, 110, 111, 116 and 117 of the Constitution, the most relevant aspects of the reform are:

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Articles 17 and 20 of the Constitution

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The proposed reform of the Federal Judiciary includes important changes to articles 17 and 20 of the Constitution, with the objective of establishing defined deadlines for the resolution of judicial matters and ensuring efficiency in the country's judicial system.

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First, it is proposed that District Judges, Circuit Courts and the Supreme Court of Justice of the Nation (SCJN) must resolve the matters they hear within a maximum period of 6 months. This measure seeks to streamline judicial processes and ensure timely justice for all those involved in cases brought before the Judiciary.

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In the event that the established period of 6 months is exceeded, the intervention of the Judicial Disciplinary Court is expected. This body will be responsible for evaluating the reasons for the delay in resolving judicial matters and taking the necessary measures to ensure compliance with the established deadlines. In addition, this Court will have the power to impose different types of sanctions in case of non-compliance, which will be detailed in the amendment to Article 100 of the CPEUM.

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Article 94 of the Constitution

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The proposed amendment to Article 94 of the Constitution proposes significant changes such as:

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• It proposes the creation of an autonomous body responsible for administering the Judicial Power of the Federation.
• He plans to reduce the number of members of the SCJN from 11 to 9 and shorten the term of office from 15 to 12 years. In addition, it is established that SCJN ministers cannot be elected for another term, unless they have held office provisionally.
• It proposes to eliminate the chambers that make up the SCJN and reduce the majority of votes needed to make decisions, except in cases of invalidity of rules due to defects of unconstitutionality.
• It establishes that the election of District Magistrates and Judges from all circuits shall be subject to the popular election procedure.
• It establishes that the remuneration of the personnel of the Judicial Branch of the Federation, including ministers of the SCJN and magistrates of the Court of Judicial Discipline, may not exceed that of the President of the Republic.

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Articles 95 and 96 of the Constitution

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It proposes the popular election of SCJN ministers, Circuit Magistrates, Judges of the Judicial Disciplinary Court and District Judges.

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In the case of SCJN ministers, candidates will be running as follows:

• The Executive Branch, through the President of the Republic, will nominate up to 10 candidates.
• The Legislative Branch will nominate up to 10 candidates, who will be divided into 5 candidates proposed by the Senate and 5 by the Chamber of Deputies.
• The Judiciary will nominate up to 10 applicants.

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It proposes that Circuit Magistrates and District Judges serve a term of 9 years in office, who may participate to be re-elected every time their term ends.

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Article 100 of the Constitution

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It proposes the creation of the Court of Judicial Discipline, an autonomous body, with technical and managerial independence, belonging to the Judicial Power of the Federation. Its main function will be to resolve any act or omission contrary to the law, the public interest or the proper administration of justice by public servants of the Judiciary.

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This Court will consist of five members elected by citizens at the national level and will operate in plenary session and will have the power to impose various sanctions on public servants of the Judiciary, with the exception of ministers, who engage in improper conduct, such as admonitions, suspensions, economic sanctions, dismissals and disqualifications. The Court's decisions will be final and unassailable, meaning that no trial or appeal would be brought against you.

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Article 105 of the Constitution

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It establishes that the admission of constitutional disputes or actions of unconstitutionality with respect to general rules will not suspend the application of the rule in question.

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Article 107 of the Constitution

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It establishes that, in the case of amparo lawsuits in which the unconstitutionality of a general rule is claimed, the suspension or the judgment handed down will in no case give rise to general effects.

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Article 116 and 122 of the Constitution

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It incorporates mechanisms that allow citizens to participate directly in the election of several fundamental judicial positions, including the ministers of the Supreme Court of Justice of the Nation (SCJN), the Circuit Magistrates, the Magistrates of the Judicial Disciplinary Court and the District Judges, through their direct and secret vote during election day.

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The reform of the Federal Judiciary is a complex process that requires the participation and consensus of different political and social actors. We will be attentive to the future developments of this important legislative process and its impact on the country's judicial system.

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