Popular election does not contribute to the rule of law: judges

Mexico City. Chief Judges of the Federal Labor Courts, Circuit Collegiate Courts specialized in Labor Matters, and Regional Plenums on Criminal and Labor Matters of the North-Central and South-Central Regions, as well as members of the Federal Judicial Branch, today delivered a document to the Chambers of Deputies and Senators in which they once again expressed their disagreement with the judicial reform initiative being discussed by legislators, in the terms presented by the head of the Federal Executive Branch, because they said, it violates various commitments acquired by the country due to the Free Trade Agreement between Mexico, the United States, and Canada (T-MEC).

In a statement, they said it is undeniable that the election of judges by popular vote would not contribute to the rule of law or strengthen the judiciary, and instead would “threaten the historic” trade relationship between Mexico, the United States and Canada.

“A weak rule of law can increase the costs and uncertainty in maintaining and enforcing international commitments, and it also endangers national security, as this reform will likely allow organized crime to break into the Federal Judicial Branch. Therefore, we once again call on political forces to jointly seek other reform alternatives that will allow the continued democratic and economic progress of our nation.”

They reiterated that the judicial reform initiative presented by the head of the Executive Branch, by attempting to establish the election of judges, magistrates and ministers of the Supreme Court of Justice of the Nation (SCJN) at the polls, violates and fails to comply with Annex 23 of the T-MEC, insofar as it relates to the commitment to establish and maintain independent courts for the resolution of labor disputes.

But not only that, they stated that it violates the obligations agreed upon in chapters 14 and 27 related to investments and anti-corruption policies, since compliance with the international commitments assumed by Mexico due to said treaty not only depends on guaranteeing the independence of specialized courts in labor matters, but also that of all jurisdictional bodies that hear trials involving the interests of foreign investors.

They also stated that the amendment will cause a considerable delay in the professionalization of the administration of specialized justice, such as labor justice, especially when the “new labor justice system” that began in 2019 is being implemented.

“This is because, based on the commitments made by the Mexican State within the framework of the T-MEC, the federal Judiciary has generated technical-legal criteria in specialized matters, and has also promoted the continuous training of judges through the judicial career, which has allowed for a complete and professional administration of justice for the benefit of those seeking justice, and in turn has provided legal certainty to national and foreign investments that take place in the country.”

The document was signed by Juana Fuentes Velázquez, National Director of the National Association of Circuit Magistrates and District Judges of the Judicial Branch of the Federation (Jufed), Miguel Bonilla López, President of the Regional Plenary on Criminal and Labor Matters of the North-Central Region, residing in Mexico City, Héctor Lara González, resident of the Regional Plenary on Criminal and Labor Matters of the South-Central Region, residing in Mexico City, among others.