MEXICO Trends and Developments Contributed by: Francisco de Rosenzweig, Enrique Espejel, Fernando García Gómez and Yuriria Galicia, White & Case, S.C.
General Litigation in Mexico: An Introduction Previous Trends & Developments chapters on litigation have discussed the challenges faced by the Supreme Court of Justice and the Fed- eral Judiciary regarding the complexities of the COVID-19 pandemic and, in more recent years, the ongoing tension between the Judicial Branch and the previous Executive. Discussing develop- ments in general litigation has never been more complex than now, largely due to the Constitu- tional reform enacted by former President López Obrador and his political party (Morena), which overhauls Mexico’s judicial system (“Judicial Reform”). The Judicial Reform replaces the previous sys- tem, where justices were appointed through a process in which the President proposed a shortlist of three candidates and the Senate selected the new justice, with a direct election by popular vote. This selection method has been extended to federal and local magistrates and judges, moving away from the previous merit- based system, where the Federal Judiciary Council appointed judges and magistrates fol- lowing an evaluation process. The Judicial Reform includes other questionable elements, such as the creation of a Disciplinary Tribunal to oversee the actions of all judiciary staff (including judges, magistrates and justices), and mandates an extraordinary election in 2025, where Mexicans will vote for new justices, mag- istrates of the Disciplinary Tribunal, and half of the federal magistrates and judges. The remain- ing half, along with local magistrates and judges, will be elected in general elections in 2027. Part of the population views these changes as a necessary overhaul of a slow, inefficient judicial system that, in their opinion, failed to address the issues faced by ordinary people and often
issued controversial decisions that hindered public policy. Conversely, others see the reform as a setback for the rule of law, concentrating power in ways that may erode essential checks and balances. A key concern is that the Execu- tive, Legislative and Judicial Branches will now create candidate lists, raising fears that the polit- ical party in power could control the selection process, using its resources to ensure judges sympathetic to Morena get elected. The Mexican judicial system was far from per- fect, with slow proceedings, overworked staff and, in some cases, inadequate training. The primary barriers to justice for the public often stemmed from local courts, police forces and prosecutor’s offices, where corruption was wide- spread. While the Judicial Reform correctly diag- noses many of these issues, its proposed con- stitutional changes may not effectively address them and could create new complications for developing an efficient judiciary. The judiciary’s role in maintaining checks and balances should not be ignored. It fulfilled its purpose by balancing the Executive and Legisla- tive Branches, issuing several decisions during the previous administration that blocked former President López Obrador’s most questionable policies. While these decisions were neither popular nor easy, they were always aligned with protecting the Constitution. The Supreme Court ruled in favour of human rights in many cases, enhancing protections for women, children, workers and the environment, among other fun- damental rights. Regardless of one’s stance on the Judicial Reform, the reality is that it will fundamentally change how justice is administered in Mexico. The critical question is whether this change will benefit the country. The reform contains ele-
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