Mexico Update: Key Dates for the Election of Judges and Magistrates
Insights
8.28.24
Una versión en español de esta Insight está disponible haciendo clic arriba.
Mexico: The dictum presented on the Reform of the Judicial Power contemplates more than 100 modifications made by the Chamber of Deputies following the Open Parliament forums held in recent days, highlighting the following:
- The Dictum includes the extraordinary election of judges and magistrates which is expected to take place in 2025 and poses to reduce the Plenary of the Supreme Court of Justice of the Nation (SCJN) to nine ministers and renew its presidency every two years.
- It is proposed that the implementation of the Reform of the Judicial Power be gradual and phased, with the first stage in 2025 renewing half of the positions and the other half being renewed in the ordinary election of 2027.
Proposes Two Elections of Magistrates and Judges
- To select the positions that must be renewed in the 2025 election, the Federal Judiciary Council will provide the Senate with a list of all judicial positions, broken down by judicial circuit, specialization by subject, gender, and any other required information.
- The Upper House will determine the portion of positions to be elected in each judicial circuit, primarily considering vacancies, resignations, and scheduled retirements.
- The remaining positions will be selected by the legislative body through public drawing, based on the renewal of half of the positions corresponding to each subject of specialization.
Positions That Will Be Renewed In 2025
- The renewal of the nine ministers of the Supreme Court of Justice of the Nation will be considered by popular vote in accordance with its new integration and all the magistrates of the five regional chambers of the Electoral Tribunal of the Federal Judiciary, as well as the vacant magistracies of the Superior Chamber.
Positions That Will Be Renewed In 2027
- In 2027, the magistracies of the Superior Chamber of the Electoral Court and the remaining half of the positions of Circuit Magistrates and District Judges will be elected.
- The proposal includes establishing mechanisms for continuity so that Circuit Magistrates and District Judges currently in office can be elected to their same position for a new term without the need to participate in the evaluation and selection processes for nominations.
- Three terms of duration are established for the ministers: eight, 11, and 14 years, while judges and magistrates serve nine years.
Conclusion
At Fisher Phillips Mexico, we will be closely monitoring this important process. To obtain more information on how this affects your operations in Mexico, contact your Fisher Phillips attorney or the author of this Insight. Fisher Phillips Mexico is at your service to assist you with any questions related to this topic, as well as any matters concerning labor law. Make sure you are subscribed to the Fisher Phillips’ Insight System to receive the most up-to-date information on this and other employment topics directly to your inbox.
Related People
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- Germán de la Garza De Vecchi
- Regional Managing Partner