By Hilel E. Silvera Tawil, DRT Alliance member in Mexico.
The initiative to reform the judiciary in Mexico, presented by the Federal Executive to the Chamber of Deputies on 5 February 2024, contemplates significant changes in the system of administration of justice at the federal and state levels.
First of all, it should be recalled that, under the current scheme, governed by the Judicial Career Law of the Federal Judiciary, published in the Official Journal of the Federation on 7 June 2021, new rules were established based on a meritocratic and egalitarian system. In this context, individuals are selected on the basis of a critical analysis of their knowledge, skills and abilities. Today, there are compulsory competitions and courses to ensure that the positions of magistrates and judges are filled by people with the required level of aptitude, thus avoiding subjective selection criteria.
On the contrary, the proposed reform suggests that the election of the people who should occupy the most important hierarchical positions in the judicial system of our country should be carried out by popular vote, and this reform contemplates replicating the same model in the 32 states of Mexico. In this context, competitive examinations would disappear, which could compromise the legitimacy of the judicial function and lead to inefficient decisions that would not effectively solve problems.
