“Today justice must be within reach of all people, with this reform
There will be judges who are close to the people and who are accountable to the citizens.”
Minister Yasmin Esquivel Mossa
Judicial reform has ceased to be a mere aspiration and has become an unavoidable reality in our country, regardless of the opinions that may arise. This process marks the beginning of a profound change in our justice system, aimed at aligning itself with recent social transformations, especially since the left came to power in 2018. This government has managed to establish bridges of communication with the majority of the people, fundamentally with those who for decades were not heard.
One of the main cries has been dissatisfaction with the Judicial Branch of the Federation, a demand that was felt with renewed force in the last elections, where more than 36 million people placed their vote of confidence in Dr. Claudia Sheinbaum and her Plan C. One of the primary objectives of this plan is to democratize the Judicial Branch and bring this fundamental pillar of justice closer to those to whom it is truly owed: its people.
Despite the situation, commentariat and conservative voices in the media have created an atmosphere of skepticism. The lack of left-wing writers in the media has led many to accept without question what is being disseminated, preventing a critical analysis that would allow us to understand the true benefits and impact of the imminent judicial reform.
Therefore, I would like to express my opinion and state certain truths (in summary) about the Judicial Reform:
Plural vision of justice
Lawyers interested in occupying positions as judges, magistrates or ministers will be able to register for the next Senate calls, including current judges and magistrates. The three Powers of the Union will present their proposals, and the evaluation committees will be in charge of verifying compliance with the requirements. Once this filter has been passed, votes will be held to send the lists to the INE, for the popular vote. This process marks a significant change from the past, where the majority of candidates came from the judicial career and were selected through predominantly closed competitions, controlled by members of the Judicial Branch.
Judicial career
The judicial career remains in force for the staff of the Judiciary, including secretaries of agreements, attorneys and other positions, with the exception of those who are subject to popular election.
Democracy
It has been pointed out that the current context resembles a dictatorship and that the Morena party will control the Judiciary. However, it is important to highlight that the election of future judges will be in the hands of the people of Mexico, allowing citizens to vote for candidates not affiliated with any political party.
Judicial independence
Judicial independence is not intrinsically linked to the judiciary, but is rooted in the integrity, values and principles of each judge. This argument is supported by the fact that, in previous years, some justices have issued votes that challenge the decisions of the Executive Branch, which demonstrates the individual capacity of judges to act according to their own criteria and convictions.
Expedited deadlines
The reform aims to combat impunity by establishing specific, expedited time periods for the resolution of cases, particularly in the fiscal field. When the deadline approaches, the judge must notify the Court of the reasons for the delay or, failing that, indicate whether it is not possible to issue a resolution within the stipulated time.
Judicial Disciplinary Court
The Disciplinary Tribunal is established as a new independent body of the Supreme Court, endowed with broad powers to investigate the conduct of judges and ensure that their decisions comply with the law. Unlike before, when the presidency of the Supreme Court fell to the same person who headed the Judicial Council, sanctions against judges have been minimal.
Labor rights
The reform protects the rights of all employees of the Judiciary.
In conclusion, although this reform represents a significant step forward in settling historical debts and transforming the perception of law in Mexico, it will not immediately solve the deep problems of injustice that plague us. I reiterate what I have said in various conversations: no reform has managed to eradicate the complexities of justice in our country. As long as we do not cultivate an authentic culture of legality and understand that justice begins with our daily relationships, it will be impossible to forge a truly just and equitable Mexico.
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