The Minister of the Supreme Court of Justice of the Nation (SCJN), Juan Luis González Alcántara Carrancá, presented a project on October 28 to partially invalidate the recent reform to the Judicial Power of Mexico. This reform, promoted by former President Andrés Manuel López Obrador on September 15, includes changes in the election of judges, the creation of a Disciplinary Tribunal, and the reduction of salaries in the judicial system.
The project by González Alcántara suggests that the reform could be considered unconstitutional, despite being approved by two-thirds of the Congress of the Union. It is emphasized that the reform includes modifications to the general rules in electoral matters, which has led to challenges from political parties such as PAN, PRI, and Movimiento Ciudadano before the SCJN.
Minister González Alcántara's proposal defends the need to maintain a representative, democratic, secular, and federal Republic, and states that the Court must ensure to review even constitutional reforms that go against these principles.
One of González Alcántara's criticisms is directed at the election of judges and district magistrates, arguing that this measure undermines the autonomy and independence of the Judicial Power and does not meet desirable democratic conditions. The project also rejects the resignation of electoral magistrates before their term and proposes to eliminate the possibility of concealing the identity of judges subject to election.
Regarding positive aspects of the reform, González Alcántara's project supports salary reductions, the elimination of funds and trusts, and the creation of a Discipline Tribunal to evaluate the work within the Judicial Power. However, it suggests that positions in this tribunal should also be subjected to popular election and advocates for setting deadlines for sentences in criminal and tax matters.
The project by Juan Luis González Alcántara will be discussed by the Full Supreme Court on October 30, focusing on the possible unconstitutionality of the popular vote election of judges and magistrates.
