A major judicial overhaul in Mexico: What you need to know

Mexico's Senate on Wednesday approved a judicial reform that has fueled a court workers' strike, strained relations with the United States and triggered market volatility in Latin America's second-largest economy.

The measure was proposed by outgoing President Andres Manuel Lopez Obrador and supported by President-elect Claudia Sheinbaum, who takes office on Oct. 1. Lopez Obrador has argued the judicial overhaul is essential to ensure the system truly serves the public and is not vulnerable to organized crime.

WHAT IS THE REFORM?

The backbone of the reform implies the popular election of more than 6,500 judges, magistrates and ministers, including for Mexico's Supreme Court. Judges for the highest court have traditionally been affirmed by the Senate from a shortlist submitted by Mexico's president.


The reform also reduces the number of Supreme Court judges to nine from 11, cuts the length of their terms to 12 years, abolishes a minimum age requirement of 35, and halves necessary work experience to five years. Judges will also be able to work anonymously on cases involving organized crime.

It would also scrap some benefits for judicial workers and create a five-person disciplinary tribunal, which critics argue is insufficient to oversee a 50,000-member judiciary.

WHAT'S NEXT?

The reform saw broad support from the ruling Morena party and its allies, who during last June's elections secured a two-thirds supermajority in Congress and are one seat short of a supermajority in the Senate.

It will now be voted on at state-level congresses, where the ruling coalition have the votes to see it through. The reform will be in effect once published in Mexico's official gazette.

There is some speculation in Mexico that the Supreme Court could attempt to block the reform, though it remains unclear the legality of such a move.

HOW WILL JUDGES BE ELECTED?

Elections will be held in June 2025 to replace a majority of judges, with elections for the rest in 2027.

Several candidates per role will be nominated by the Mexico's executive, legislative and judicial branches before being narrowed down by a technical committee.

Opponents have said the high number of positions up for vote - about 282 candidates competing for up to 39 roles - will make it difficult for citizens to be well informed.

WHY ARE THE US AND CANADA AGAINST IT?

The United States, Mexico's top trading partner, has said the reform marks "a major risk" to Mexico's democracy, arguing it would politicize the judicial system and make it more vulnerable to the influence of organized crime.

Canada, Mexico's second-largest trading partner, has also said investors are concerned it could bring instability.

The two countries, which receive some 86% of Mexico's exports, are part of the North American USMCA free trade pact with Mexico. Under the pact, countries are required to comply with rapid resolutions to labor conflicts.