ARTICLE
28 August 2024

The Judicial Reform That Shakes Mexico

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
Earlier this year, the President of the Republic presented a package of proposed constitutional amendments, which included a restructuring of the Judiciary. This initiative has generated intense debate in Mexico...
Mexico Government, Public Sector

Earlier this year, the President of the Republic presented a package of proposed constitutional amendments, which included a restructuring of the Judiciary.

This initiative has generated intense debate in Mexico, as it seeks to drastically modify the structure and functioning of the justice system, including the election of Justices, Magistrates, and Judges through popular vote.

Various sectors, including members of the Judiciary itself, have expressed their rejection of the proposal. They argue that the election of Justices, Magistrates, and Judges by popular vote could compromise the specialization and impartiality that these judiciary positions should embody. Additionally, there are concerns that the reform could politicize the administration of justice, undermine judicial independence, and lead to delays in the resolution of proceedings, as well as unnecessary economic costs associated with the voting process.

Discussions and dissatisfaction surrounding this judicial reform proposal have intensified in recent days, to the point that today, August 19, 2024, members and officials of the judiciary have suspended activities and called for a nationwide and indefinite strike.

Undoubtedly, the outcome of this process will be crucial in the history of Mexico's justice system. The suspension of activities will affect proceedings and cases pending before the Federal Judiciary, primarily in Circuit Courts and District Courts. Other entities, such as administrative and local courts, as well as the Mexican Institute of Industrial Property, continue to operate normally.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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