Politics Country February 15, 2025

Erosion of the Rule of Law in Mexico

José Mario de la Garza, former president of the Mexican Bar Association, warns of an erosion of the rule of law in Mexico due to recent Supreme Court resolutions and Electoral Tribunal actions.


Erosion of the Rule of Law in Mexico

José Mario de la Garza, president of 'Perteneces' and former president of the Mexican Bar Association, expressed his concern over what he considers an erosion of the rule of law in Mexico. In an interview on Aristegui en Vivo, De la Garza pointed out that the controversy arising from the Supreme Court's ruling on the suspensions issued by district judges regarding the reform of the Judicial Power has created an atmosphere of legal uncertainty.

According to De la Garza, the attitude adopted by the Electoral Tribunal of the Judicial Power of the Federation (TEPJF) has contributed to fostering a kind of "discretionality" that endangers judicial autonomy. The lawyer highlighted that this environment has led some authorities to decide not to comply with the suspensions, thus questioning the enforceability of judicial decisions.

The root of the problem lies in a series of nearly five hundred amparos filed against the judicial reform, which resulted in suspensions. However, the Court's ruling and the actions of the Electoral Tribunal have generated confusion and allowed authorities to choose whether to comply with the suspensions or not, which De la Garza considers a clear erosion of the rule of law.

According to the lawyer, the lack of consequences for not respecting judicial rulings could set a dangerous precedent, affecting any citizen seeking to protect their rights through amparos. Furthermore, the intervention of the Electoral Tribunal in matters related to the review of amparos not only affects the trials themselves but also jeopardizes judicial independence by preventing decisions from being subjected to appropriate legal procedures.

De la Garza raised doubts about the future autonomy of the Judicial Power in Mexico and the possibility that constitutional reforms could be challenged by courts, a topic he believes is still legally unresolved. With uncertainty about the direction that amparo trials will take despite the constitutionalization of the judicial reform, De la Garza urged waiting and analyzing the resolutions to be issued in the next 24 hours from their notification to the judges.