Georgetown Americas Institute

Key Components of the Reform

Magaloni explained that the reform has two main components. First, all federal judges, regardless of their rank, would be replaced by others elected through the ballot box. This means that current federal judges would not be eligible to remain in their positions without participating in the electoral process. This change would also apply to all federal judicial entities, each designing its transition plan.

The second component transforms the Federal Judiciary Council, separating it into two parts: first, an administrative part that handles judicial career and court administration matters; and second, a disciplinary court with broad powers to investigate and judge, including sanctions ranging from reprimands to dismissal, that can request impeachments and open investigations through the attorney general's office. Magaloni explained that this reform poses a significant tension between the career civil service system and a new election-based system, challenging the traditional structure of the judiciary and creating uncertainty among current and future judges.

Impact on Judicial Independence

Resistance in the courts to an unprecedented concentration of presidential power under AMLO is part of the president's motivation for this reform. During his six-year term, the number of AMLO's, unconstitutional actions and controversies, has increased, generating conflict between the executive and the judiciary branches.

Judicial corruption in Mexico is another reason to reform the system. According to Magaloni, this corruption starts at the top and affects the entire judicial system. Judges are often appointed based on obedience rather than capability, leading to compromised judicial careers. The ability to buy court rulings is a severe problem for Mexico and has a cascading effect as lower judges mimic the corrupt behavior of their superiors.

Despite the importance of addressing corruption, Magaloni believes that the most critical issue is ensuring all people's access to the justice system. She stresses the need for entry points into the system that consider the country's socioeconomic characteristics, highlighting the difficulty of living in a country where conflicts cannot be managed institutionally.

Maintaining a credible judicial system is important to resolve conflicts among citizens peacefully. The viability of this judicial machinery is crucial, even as political changes occur. Magaloni suggested that when political majorities govern with self-restraint for the benefit of the entire nation, judicial battles would diminish. This shift represents a significant difference from the current context, highlighting the need for balance and self-restraint in governance.

Q&A Highlights

During the Q&A portion of the event, attendees asked if the judicial reform in Mexico should focus on both restructuring the Federal Judicial Council and improving the appointment system for judges and other public servants.

Werner emphasized that the constitutionally mandated three branches of government have become imbalanced, with the legislative often subordinate to the executive, particularly under the majority party, Morena. Successful judicial elections could further centralize power within the majority party.

Magaloni suggested reforming the Federal Judiciary by separating the court from the council to create a more transparent and accountable body. This aims to address the judiciary's current elite bias, making justice more accessible and functional for the general public.

Navigating the Reform's Challenges

Magaloni concluded that once President-elect Sheinbaum takes office, she must manage this reform's negative effects carefully. This may involve reviewing and possibly adjusting the most controversial provisions of the reform, engaging in dialogue with stakeholders to find a balance between different proposals, and ensuring that the changes do not negatively affect the independence and efficiency of the judiciary.