The reform initiative, originally presented by the President of Mexico, Andrés Manuel López Obrador, on February 5, 2024, includes amendments to various articles of the Constitution as part of his “Plan C.” The objective is to increase control over the judicial system, improve the administration of justice, and combat corruption within the judiciary, under the premise of reorganizing and strengthening its structure.
Once the initiative reached Congress, it was forwarded to the Chamber of Deputies. During this process, the Chamber worked on issuing the corresponding report, and on September 4, 2024, it was approved by a qualified majority of 357 votes in favor, 130 against, and zero abstentions. The approved document modifies various articles of the Political Constitution related to the Judicial Branch.
Among the amendments to the bill, the reservation proposed by Deputy Magdalena del Socorro Núñez Monreal, from the Labor Party (PT), was included. This amendment modifies Article 40 to establish the principle of total parity in federal and local public authorities, as well as autonomous constitutional bodies, and Articles 116 and 122 to introduce inclusive language.
Another amendment included was proposed by Congressman Jesús Martín Cuanalo Araujo (Green Party, PVEM), modifying the second paragraph of Article 101. This change ensures that Circuit Magistrates, as well as District Judges, are not restricted from practicing law outside their judicial circuit after leaving office.
Furthermore, Congressman Francisco Arturo Federico Ávila Anaya (MORENA) proposed an amendment modifying Articles 109 and 110 to fully uphold labor rights. It also establishes that judges and magistrates, upon retirement, will receive three months’ salary plus 20 days of pay per year of service, along with entitled benefits. These benefits will be covered by federal resources upon their retirement.
The revised document was then sent to the Senate for constitutional review. After an extraordinary and historic session, which included the first-ever public intrusion into the Senate by protesters opposing the judicial reform, the Senate approved the amendments during a late-night session on September 11, 2024. The bill was passed with 86 votes in favor and 41 against.
With these considerations, the Senate approved the constitutional reforms to restructure the Judicial Branch, modifying, adding, and repealing various provisions as detailed below:
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The second paragraph of Article 17 is amended; Section VIII of Article 76; the second, third, fourth, fifth, sixth, eighth, ninth, twelfth, thirteenth, fourteenth, and fifteenth paragraphs of Article 94; Sections III, V, and VI of Article 95; the first and second paragraphs of Article 96; the first paragraph and the current second, third, and seventh paragraphs of Article 97; the first, third, and fourth paragraphs of Article 98; the third paragraph, Section I of the fourth paragraph, and the seventh, tenth, eleventh, twelfth, and thirteenth paragraphs of Article 99; the first, second, third, fourth, and the current fifth, sixth, seventh, eighth, ninth, twelfth, and thirteenth paragraphs of Article 100; the first, second, and third paragraphs of Article 101; the second paragraph of Section I and the fifth paragraph of Section II of Article 105; the first and third paragraphs of Section II, the first paragraph of Section X, and the second, third, and fourth paragraphs of Section XIII of Article 107; the first and second paragraphs of Article 110; the first and fifth paragraphs of Article 111; Section I of Article 113; the second, third, fourth, fifth, and sixth paragraphs of Section III of the second paragraph of Article 116; the first and third paragraphs of Section IV and the fourth paragraph of Section VIII of Section A of Article 122; and the second paragraph of Section XII of Section B of Article 123
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A Section X is added to Section A, with the subsequent section renumbered, and a second paragraph is added to Section VII of Section B of Article 20; Sections I, II, III, and IV are added to the first paragraph, and the third, fourth, fifth, sixth, seventh, and eighth paragraphs are added to Article 96; a second paragraph and Sections I, II, III, IV, and V are added, with the subsequent sections renumbered, to Article 97; the fifth, sixth, seventh, eighth, ninth, tenth, twelfth, thirteenth, fourteenth, and fifteenth paragraphs are added, with the subsequent paragraphs renumbered, and a final paragraph is added to Article 100; a fourth paragraph is added to Article 105; and a final paragraph is added to Article 116.
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Section XVIII of Article 89 is repealed; Section II and the second paragraph of Article 95; the second paragraph of Article 98; the fourteenth paragraph of Article 99; and the current tenth and eleventh paragraphs of Article 100 of the Political Constitution of the United Mexican States are repealed.
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Main Changes Introduced by the Reform
Structural Reorganization:The judiciary will transition from its current structure, which includes the Supreme Court of Justice, the Electoral Tribunal, Regional Plenary Sessions, Circuit Courts, District Judges, and the Federal Judiciary Council, to a new framework composed of the Supreme Court, the Electoral Tribunal, Plenary Sessions, Circuit Courts, District Courts, a Judicial Administration Body, and a Judicial Disciplinary Tribunal.
Judicial Organization: The Supreme Court will no longer be divided into specialized chambers; instead, it will operate exclusively as a full court, with the number of justices reduced from 11 to 9 The Federal Judiciary Council will be replaced by a Judicial Administration Body and a Judicial Disciplinary Tribunal, each consisting of five members.
Direct Election of Judges: Justices, magistrates, and judges will be elected by direct vote of the citizens.
Candidates will be proposed by the Executive, Legislative, and Judicial branches, with 30 nominees for justices and electoral/disciplinary magistrates (10 each from the President, the Supreme Court, and Congress). Other judicial positions will follow a similar nomination process.
Judicial Processes: Constitutional challenges and amparo rulings cannot have general effects if a law is deemed unconstitutional.The suspension of unconstitutional laws will no longer be granted automatically when an action of unconstitutionality is admitted.
Judicial Terms and Rotation: Supreme Court justices will serve for 12 years and rotate the presidency every two years based on the highest vote count in the elections.Magistrates and judges will serve for 9 years and may be re-elected.
New Eligibility Criteria for Judges and Magistrates: A minimum GPA of 8.0 in law school, three years of relevant experience, and a good reputation will be required.
“Faceless Judges” System: This new legal figure will allow judges to remain anonymous in cases involving organized crime to protect their safety.
Restrictions on Judicial Funds: The use of trust funds, mandates, or similar financial instruments outside of legal provisions will be limited.
Elimination of Lifetime Pensions: Justices will no longer receive a lifetime pension after completing their term. Judicial officials’ salaries must not exceed that of the President.
Possible Consequences and Implications
These judicial reforms could create uncertainty regarding their objectives, as the measures not only compromise judicial independence but also violate the principle of separation of powers. The new system allows the Executive and Legislative branches to influence the Judiciary, removing the checks and balances originally established.
The popular election of judges introduces potential risks to the rule of law, as it could lead to judicial decisions being influenced by political pressures or populist movements.
Additionally, the perception that these reforms weaken judicial independence could deter investors, as they seek stable and predictable legal frameworks. If the judiciary is seen as vulnerable to political influence, it may reduce foreign investment and economic growth.
International Trade Concerns
Mexico is committed to international trade agreements like the USMCA (T-MEC) and other free trade treaties, which require an independent judiciary for dispute resolution. If the judicial system is perceived as less autonomous, arbitration mechanisms could become more complex, increasing Mexico’s country risk and straining trade relations with the U.S. and Canada.
Next Steps in the Reform Process
According to Article 135 of the Mexican Constitution, once a constitutional reform is approved by Congress, it must also be ratified by a majority of state legislatures. The process includes:
We are currently in the process of discussion in the State Legislatures. Since this is a constitutional reform, it requires not only approval by Congress but also approval by two-thirds of the State Legislatures, meaning at least 17 legislatures, for it to be returned to the Federal Executive, who will then be responsible for promulgating and publishing the reform in the Official Gazette of the Federation and its subsequent entry into force in accordance with the established considerations. Therefore, we are only waiting for the conclusion of this stage, although it is expected to be approved given the majority that the Morena party holds in most of these legislatures.
Final Thoughts
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