MEXICO Trends and Developments Contributed by: Fernando Todd, Jorge Garcia, Silvia Alanis and Ana Lilia Solano, Todd
avoiding negative impacts on the population due to practices in the mining sector that, from their point of view, directly affect the rights to water, health protection, and a healthy environment. However, they have sparked a considerable number of amparo lawsuits from companies and individuals within the industry, citing violations of acquired rights, principles of legality, and legal certainty. This has created substantial instability in the sector, posing economic and labour risks for Mexico’s mining industry. In response to these challenges, the Supreme Court of Justice of the Nation (SCJN) inter - vened to address the legal disputes and ensure a resolution on the constitutionality of these reforms through General Agreement No 3/2024, instructing courts to delay rulings on amparo lawsuits and appeals against the 2023 reforms. The unconstitutionality action currently pend - ing before the SCJN to resolve the validity of these reforms represents a critical moment for the Mexican legal framework. This appeal has the potential to establish binding precedents for the interpretation and application of these pro - visions, impacting not only actors in the mining sector but also other sectors that depend on environmental concessions, permits, or regula - tions. However, a determining factor in this resolution is the imminent change in the composition of the SCJN, since, on 5 February 2024, the federal executive presented a bill to amend the Politi - cal Constitution of the United Mexican States concerning the reform of the judiciary, which was ratified and published on 15 September 2024, even amid protests and a judicial strike. This reform introduced significant changes to the federal judiciary, shifting from an appointment- based system, largely dependent on qualifica - tions, to one where people elect judges with
fewer requirements for candidacy. In general terms, the election of the judges will now be by direct vote of the citizens, with the President, Congress, and the Supreme Court each pro - posing an equal number of candidates for each judicial position. Given its landslide victory in the 2 June general elections, Morena will select most candidates. It has been strongly criticised by both opposition sectors and legal experts, who warn that judicial independence could be compromised by aligning judges with political and popular interests, instead of guaranteeing impartial justice. In view of the above, the mining sector is in a situation of uncertainty due to the arrival of new ministers, which could lead to shifts in the inter - pretative criteria of the Supreme Court, substan - tially modifying the judicial perspective on the constitutionality of the reforms. This introduces uncertainty both for the regulated sectors and for national and international investors, who require a stable legal environment in which to plan and operate. Therefore, the impact of these reforms cannot be considered in isolation, as their final resolu - tion will depend not only on the legal arguments presented but also on the evolution of constitu - tional doctrine and the country’s political-legal context. This situation demands a careful evalu - ation and a solid defence of constitutional princi - ples to ensure a balance between environmental protection and sustainable economic develop - ment in Mexico. Political and Legal Context The current political landscape in Mexico, marked by Claudia Sheinbaum’s recent inau - guration as president, presents a scenario with profound implications for the mining sec - tor. These implications are further shaped by
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