The Judicial Reform: Challenges and Strategies for its Implementation

Impact of Judicial Reform on Legal Proceedings: What You Should Know

Executive Summary:

• The Reform Decree by virtue of which various provisions of the Political Constitution of the United Mexican States are added and repealed to make significant modifications in the organization and operation of the Federal Judicial Branch, was approved and published on September 15, 2024 in the Federal Official Gazette, entering into force on the following September 16.

• We believe that the possible political-judicial transition foreseen by the reform scheduled for September 2025 represents a challenge for the procedures initiated prior to the entry into force of the reform. The above, given the latent risk of prolonging the procedural deadlines for a longer time than initially planned, making it essential to act diligently and expedite the resolution of the same to avoid possible additional delays.

The reform proposed by the Federal Executive, approved and published in the Federal Official Gazette on September 15, 2024, modifies various provisions established in the Political Constitution of the United Mexican States^[1] including, among others: (i)the composition of the Supreme Court of Justice of the Nation, (ii) the process for appointing Justices of the Supreme Court, Circuit Court Judges, and District Judges by establishing a popular election process for these positions, and  (iii) setting a maximum period of six months for the resolution of matters, counted from the date they are brought to the judicial body’s attention.

In this regard, given that the Decree has been approved and published in the Official Gazette of the Federation, the implementation of the reform to the Judicial Branch must comply with the transitional provisions established by the Opinion issued by the Constitutional Affairs Committee of the Chamber of Deputies, which provides, among others, that with the entry into force of the reform, the extraordinary electoral process for 2024-2025 will begin for the election of all the Ministers of the Supreme Court of Justice of the Nation, as well as half of the positions of Circuit Magistrates and District Judges; The remaining half will be elected in the ordinary election of 2027.

Thus, since the Senate will have a period of 30 calendar days from the entry into force of the reform to issue the call for candidates to participate in the election, and given the lack of secondary and regulatory provisions, the Decree grants the General Council of the National Electoral Institute the authority to issue the necessary agreements for the organization of these elections. Those currently serving in these positions may participate in the extraordinary election on the first Sunday of June 2025. However, if they are not elected by popular vote, they must step down when the newly elected public officials take office.

As a result, for cases initiated before the entry into force of the reform, if those proceedings have not been concluded before the inauguration of new officials, the 6-month period established by the Decree amending Article 17 of the Constitution will restart. If a judgment is not rendered within this period, the public official in charge of the case must notify the Judicial Discipline Tribunal to justify the delay.

Therefore, we recommend pushing the trials and procedures that are pending to be resolved, to attain the issuance of the corresponding judgements before the political-judicial transition expected in September 2025. Failure to do so may result in procedural deadlines being extended beyond those initially anticipated due to the changes stemming from the ongoing reform. It is crucial to act diligently to avoid further delays.

^[1] https://www.gob.mx/cms/uploads/attachment/file/892010/REFORMA_AL_PODER_JUDICIAL__2_CS.pdf