MEXICO Trends and Developments Contributed by: Daniel Amézquita, Iván Valdespino, Sofía Jurado and Gilda Velázquez, Galicia Abogados
Administrative and Constitutional Litigation in Mexico On 15 September 2024, the Federal Official Gazette published a constitutional reform to the Judicial Branch (the “Judicial Reform” ). This reform has had a significant impact and reper - cussions in the country. Fundamentally, this reform aims to renew judg - es and magistrates in both the federal and local judiciary, establishing popular vote as the meth - od of appointment. Committees formed by each branch of govern - ment reviewed the candidates to confirm their suitability for the positions to be renewed in the electoral process on 1 June 2025. At time of writ - ing, the candidate lists have been approved. Specifically, 872 judicial positions will be elect - ed: 9 Justices of the Supreme Court of Justice, 2 magistrates of the Superior Chamber of the Federal Electoral Tribunal, 15 magistrates of the Regional Chambers of said Electoral Tribunal, 5 members of the Judicial Discipline Tribunal, 464 circuit magistrates and 386 district judges. In December 2024, the General Council of the National Electoral Institute (INE) approved the ballot designs for the judicial election. A total of six ballots will be distributed, containing more than 64 candidacies for justices, magistrates and circuit judges. However, this process has not been exempt from legal challenges filed both by the opposition in Congress and by various members of the Fed - eral Judiciary. These legal actions have sparked debates over the scope of constitutional control mechanisms used to challenge an amendment to the Constitution itself.
Several additional reforms have followed this constitutional amendment, including the so- called “constitutional supremacy reform” and the elimination of autonomous constitutional bodies. To consolidate these constitutional changes, secondary legislation must be enacted to regu - late and operationalise the mandates enshrined in the Constitution. This will be the stage where opportunities and challenges arising from the new structure proposed by the incoming admin - istration can be identified. The need to challenge certain regulations for potential violations of the Constitution or Mexico’s international treaties may also arise. The country is closely watching the implementa - tion of the Judicial Reform, as it represents an unprecedented shift in the justice system. It also poses a significant challenge for the INE, which must organise an election of this magnitude with only half the budget it allocates for congression - al and presidential elections. Moreover, secondary legislation must establish the necessary measures to ensure that, despite the extensive restructuring of the judiciary, the resolution of pending and new cases is not delayed, thus preventing irreparable harm to the parties involved. Challenges to the Judicial Reform and the Constitutional Supremacy Amendment In October 2024, opposition political parties in Mexico filed constitutional challenges ( acciones de inconstitucionalidad ) against the Judicial Reform before the Supreme Court of Justice of the Nation. The plaintiffs argued that the reform violated fundamental constitutional principles, includ -
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