Politics Country January 28, 2025

Negative to Transparency in Judicial Election

The presidency of Mexico refuses to disclose files of candidates for ministers of the SCJN and judges of the TEPJF, arguing autonomy of the Evaluation Committee. José Mario de la Garza, a lawyer, plans to challenge this decision before the INAI to ensure the principle of maximum publicity in public processes.


Negative to Transparency in Judicial Election

The presidency of the Republic has refused to provide information on the files of candidates for ministers of the Supreme Court of Justice of the Nation, magistrates of the Electoral Tribunal of the Judiciary of the Federation, and of the Judicial Disciplinary Tribunal who applied to the Evaluation Committee of the Executive Power for the Judicial Election. Lawyer José Mario de la Garza, upon submitting the information request, received a response from the Transparency Unit of the Presidency of the Republic stating that the Evaluation Committee of the Executive Power is autonomous and is not among the obligated subjects of the Federal Law on Transparency and Access to Information.

According to Claudia Sheinbaum's office, it is considered materially and legally impossible to indicate to De la Garza which entity he should address, as the Evaluation Committee is not an administrative unit attached to the Presidency of the Republic. The presidency also indicated that it is not feasible to transfer the request to any unit of the presidential office.

In light of the refusal to make transparent the information about the documents sent to the Evaluation Committee of the Executive Power, lawyer José Mario de la Garza announced that he will file a review resource with INAI. He emphasized that the operational autonomy of this body does not imply a lack of transparency, reminding that any entity that receives public resources or exercises acts of authority, such as the Evaluation Committee, is required to provide information.

De la Garza stressed that the autonomy of public agencies does not exempt them from complying with the principle of maximum publicity. He also questioned Minister Arturo Zaldívar for not advocating for this principle. The lawyer is part of various student collectives that opposed the approval of judicial reform in 2024.