Mexico publishes judicial reform decree: Key changes

On September 15, 2024, Mexico’s Federal Official Gazette published the “Decree Amending, Adding, and Repealing several articles of the Political Constitution of the United Mexican States regarding the Judiciary” (Decree).

President Andrés Manuel López Obrador first submitted the Decree on February 5, 2024. Within 15 days of the start of the current federal legislative session, both chambers of Congress and most local legislatures approved the Decree, with very little modification.

The Decree modifies, adds, and repeals the text of various constitutional articles to amend the federal judicial branch (FJB) and the local judiciary of each of Mexico’s federal entities (collectively, the Judiciary) in five fundamental aspects.

It makes significant changes to:

1. The structure and organization of the Judiciary
2. The mechanism for selecting and integrating the courts that are part of the Judiciary by popular election
3. The cessation of granting injunctions or issuing judgments with general effects in the case of amparo proceedings in which the unconstitutionality of general rules is claimed
4. The establishment of maximum time limits to solve tax and criminal matters, and
5. The establishment of limits to compensation.

Changes to the FJB

The following is a brief description of each of the main points of the Decree concerning the FJB:

Structure and organization

• The Supreme Court of Justice of the Nation (SCJN) is reduced from 11 to 9 justices.
• The SCJN’s chambers are eliminated and all sessions will include each of the justices, meaning they will convene in Plenary.
• The Federal Judicial Council is replaced by a Judicial Administration Body (JAB) and a Judicial Discipline Tribunal (JDT).
• The JAB will determine the number of circuits, their division, and the establishment of each circuit’s courts by territory and/or subject, as well as the promotion, training, and inspection of judges. It will also oversee preparing the budget of the FJB.
• The JDT will be the responsible for investigating and sanctioning acts committed by FJB members that could be considered serious offenses or crimes in terms of the laws, as well as acts or omissions that are against the administration of justice and the principles of objectivity, impartiality, independence, professionalism, or excellence.

Mechanisms for selecting and integrating the courts by popular vote

• The members of the SCJN, the Electoral Tribunal (ET), the Regional Plenaries, the Collegiate Circuit Courts, the District Courts, and the JDT must be directly elected through popular vote. In the case of the SCJN, the ET, and the JDT, the election will be nationwide, while, for the other positions, the election will be at a local level.
• Those interested in participating in the election for members of the courts must meet the following requirements: On the day of the publication of the call for the election, they must (1) have obtained a law degree with a minimum average score of eight; (2) have a minimum average score of nine in the subjects related to the position to be held, whether within the individual’s undergraduate degree, specialization, masters, or doctorate; and (3) have at least five years of professional practice in law. Subsequently, those who meet the aforementioned requirements will be chosen by three committees, each composed by members of the executive, legislative, and judicial branches, respectively. Each committee must select the most suitable profiles for the judicial role.
• The plenary of the JAB will be composed of five persons: one appointed by the executive branch, one by the Senate, and three by the Plenary of the SCJN.

Challenging general rules

• In the case of actions of constitutionality or constitutional controversies brought against general rules, their admission shall in no case result in the injunction of the challenged general rule.
• In the amparo proceeding in which the constitutionality of a general rule is challenged, in no case may an injunction with general effects be granted or a judgment with general effects be issued.

Maximum timeframe to resolve tax and criminal matters

• Tax matters must be resolved within a maximum of six months from the date on which the court formally admits the proceeding.
• Criminal matters must be resolved within four months when the crime in question has a maximum penalty of two years in prison. If the maximum penalty for the crime is greater, the proceeding must be resolved within a period of no more than one year.
• In both cases, if the corresponding time limits are exceeded, the court must immediately notify the JDT and justify the reasons for the delay.

Compensation limits

• The members of the FJB may not receive compensation greater than that received by President Lopez Obrador.
• Within the scope of the FJB, no funds, trusts, mandates, or similar contracts may be created or maintained in operation.

The first election of judges will take place in two stages: the first in 2025 and the second in 2027. In the first stage, among other positions, the nine justices of the SCJN and half of the judges of the Judiciary will be elected. The Decree orders that the election takes place on the first Sunday of June 2025.

The Decree establishes that current justices or judges who are not elected by the citizens to hold office for a new term shall conclude their term of office on the date on which the persons to be elected are sworn in.

For further information or if you have any questions, please contact any of the authors.

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