MEXICO Trends and Developments Contributed by: Francisco de Rosenzweig, Enrique Espejel, Fernando García Gómez and Yuriria Galicia, White & Case, S.C.
ments that could improve the administration of justice, but the implementation of second- ary laws and the reform itself will be crucial in ensuring the autonomy of judges, magistrates and justices. In addition to the Judicial Reform, former Presi- dent López Obrador also proposed several constitutional amendments across other areas of law and sectors such as energy, telecommu- nications, railways and mining, justifications for pre-emptive detention for tax evasion, and the dissolution of constitutional autonomous bodies such as the Federal Telecommunications Insti- tute, the Federal Antitrust Regulator and the Transparency Institute. Many of these initiatives are still being debated in Congress but could reshape Mexico’s legal landscape. These constitutional reforms introduce new chal- lenges and opportunities for doing business in Mexico. In the litigation field, many companies may transition to arbitration while uncertainty around the judiciary persists. In addition, Mexi- co has signed various treaties to protect human rights, promote free trade and safeguard invest- ment, providing further checks and balances. This evolving environment will require innovative legal solutions to address increasingly complex scenarios. Beyond the commentary on the Judicial Reform, this document outlines current trends in other legal areas, including administrative, civil and commercial litigation; data protection, cyberse- curity, e-commerce and digital banking litigation; and the implementation of the National Code of Civil and Family Procedures. Judicial Reform On 15 September 2024, following approval by a supermajority in Congress and receiving the
necessary majority approval from state legisla- tures, the Judicial Reform was published in the Federation’s Official Gazette. The most significant aspects of this reform can be summarised as follows. • Popular election: Mexican citizens will directly elect the members of the Supreme Court, magistrates of the Superior and Regional Chambers of the Electoral Tribunal, circuit magistrates and district judges of the Federal Judiciary. • Changes to local constitutions: the Judicial Reform requires the states to amend their local constitutions and laws to replicate the method of selecting local judges and magis- trates via direct vote, with a deadline set for 2027. • Election timeline: the reform mandates an extraordinary electoral process in 2025 to select all justices, magistrates of the Discipli- nary Tribunal, and half of the federal judges and magistrates. The remaining half and local judges will be elected in 2027. After this transitional process, future vacancies and re-elections will align with the general election cycle, every three years (ie, presidential elec- tions and mid-term elections). • Modifications to the Supreme Court: the num- ber of Supreme Court justices will be reduced from 11 to nine, and their term of office will be shortened from 15 to 12 years. The Judicial Reform also eliminates the Chambers of the Supreme Court, meaning that all decisions will now be made by the Plenary. • Creation of a Judicial Disciplinary Tribunal and a Judicial Administration Body: the reform eliminates the Federal Judiciary Coun- cil, redistributing its powers between two new bodies. A Disciplinary Tribunal will oversee, supervise and sanction judiciary staff to
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