What Does AMLO's Judicial Reform Say and How Would It Affect Mexico?

#### What's happening in Mexico this 2024? In 2024, President Andrés Manuel López Obrador presented a judicial reform that has caused great uproar throughout Mexico. The proposal seeks to significantly change how judges, magistrates, and ministers function in the country, and has generated both support and concern. Here we tell you in simple words what the reform proposes, how the approval process is going, and what impact it could have on Mexico. ##### What is the Judicial Reform about? One of the most controversial points of this reform is that **it proposes that judges, magistrates, and ministers be elected by popular vote**. This means that citizens could vote directly for them, instead of being appointed by other judges or by the president, as currently happens. Supporters of the reform ensure that this would make the Judicial Power more democratic and closer to the people, but critics fear it would politicize the judicial system, affecting its impartiality. The reform also includes other important changes: 1. **Reduction in the number of ministers in the Supreme Court**: Currently, there are 11 ministers in the Supreme Court of Justice of the Nation (SCJN), but with the reform they would be reduced to 9. Additionally, the presidency of the Court would change every two years on a rotating basis, which could generate more dynamism, but also uncertainty about the continuity of important decisions. 2. **Creation of the Judicial Discipline Tribunal**: This new body would have the power to supervise and sanction judges and magistrates if they commit irregularities. The idea is for there to be more control over them, but some fear this tribunal could be used as a political tool. 3. **Limit on judges' and magistrates' salaries**: No judge could earn more than the president. This change seeks to reduce high salaries in the Judicial Power, but could discourage the entry of highly qualified professionals into the judicial system. 4. **Terms and reelection**: Judges and magistrates would have a nine-year term, with the possibility of being reelected. To run for office, they would need to meet requirements such as having a good academic average and experience in legal practice. ##### The path to approval The bill was presented in February 2024 and was already approved in the **Chamber of Deputies** thanks to the support of the official bloc of Morena and its allies (PT and PVEM). Now, the next step is its discussion in the **Senate**, where the situation becomes a bit more complicated. In the Senate, Morena and its allies have 85 senators, but to approve this constitutional reform they need **86 votes**, that is, one more to have the qualified majority. This missing vote has put the official party in a difficult position, as they have tried to convince some opposition senators to vote in favor or absent themselves during the vote. However, **the opposition has ratified their vote against**, which complicates the approval. ##### Opposition in the Senate The opposition parties, such as PAN, PRI, and Movimiento Ciudadano, have made it clear that they will not support the reform. There are 43 senators who have committed to voting against, as they consider that the reform could politicize the Judicial Power and affect judges' independence. Alejandro Moreno, PRI senator, has denounced that some legislators have received pressure and even 'millionaire offers' to change their vote, but has assured that his bloc will not give in to these proposals. Additionally, Judicial Power workers and Law students have mobilized in protest, asking that the independence of the Judicial Power be maintained. In fact, these protesters blocked access to the Senate headquarters, forcing legislators to session at an alternate location. ##### How could it affect Mexico? 1. **Independence of the Judicial Power**: One of the biggest concerns is that, by making judges elected by popular vote, they could be influenced by political parties and power groups. This could compromise their ability to make impartial decisions. In other words, judges could act more to please voters than to apply the law fairly. 2. **Economic uncertainty**: The country's main business chambers have already warned that this reform could generate distrust in Mexico's legal system. This could affect foreign investment in Mexico, as investors could fear there won't be sufficient legal guarantees to protect their interests. 3. **Political and social instability**: The reform approval process has already caused protests and mobilizations in several cities. If the reform is approved, these demonstrations are likely to increase. Additionally, the opposition has announced it will resort to the SCJN to challenge the changes, which could generate more political instability. 4. **International repercussion**: More than 800 judges and magistrates have requested the intervention of international organizations such as the **Inter-American Commission on Human Rights (IACHR)** and the **UN**. They argue that the reform could violate international treaties on human rights, which would put Mexico in a complicated position globally. ##### What's next? With the reform already approved in the Chamber of Deputies, everything now depends on the Senate. If Morena and its allies manage to obtain the vote they need, the reform will be approved and will begin to be implemented. Otherwise, the official party will likely try to find other ways to advance the project, but will face strong opposition both in the political and social spheres. On the other hand, if the reform is approved, the **Supreme Court of Justice of the Nation (SCJN)** could become the last resort to stop the changes. The president of the SCJN, Norma Piña, has asked the ministers to analyze whether they can suspend the legislative process until the substance of the matter is resolved. In conclusion, the judicial reform proposed by López Obrador represents a drastic change in Mexico's judicial system, with both positive and negative implications. While some see this as a step toward greater democratization and transparency, others consider it a threat to judicial independence and the country's economic stability. The future of this reform, and its impact on Mexico, will depend on the upcoming votes in the Senate and possible challenges in the SCJN.