The Senate of the Republic recently approved the reform of the Judicial Branch, with 86 votes in favor and 41 against. This change is the largest in modern Mexican history and requires employers doing work here to take note. The following is the route that will be followed as it takes effect, as well as for the preparation of complementary legislation:
1. The Constitution indicates that the Judicial Reform must be approved by half plus one of the state congresses, which implies approval in 17 states.
- As of the time of publication, approximately 13 local legislatures have already approved the reform, so it will surely be approved in its entirety in the next few hours.
- The speed with which some local legislatures approved the ruling stands out, such is the case of Oaxaca and Campeche.
- The different State representatives of the MORENA Political Party have publicly stated that the objective is to approve the initiative as quickly as possible so that the President of the Republic can carry out the respective promulgation.
2. Once approved in the local Congresses, it will return to the Executive Branch for its promulgation – it will be published in the Official Gazette of the Federation and entered into force.
3. Subsequently, work will have to be done on the secondary laws to implement this Judiciary reform.
The discussion and eventual approval of secondary laws is essential to generate legal certainty, since the quality of the administration of justice in Mexico will depend to a large extent on it.
Currently, there are several proposals regarding the way to address secondary legislation. However, through the intervention of Bar Associations, Opposition Political Parties, and in generating different actors in public life in Mexico, it is currently being sought to influence the outcome of secondary legislation in order to achieve the necessary balances.
4. The process of electing judges and magistrates is scheduled to begin on the first Sunday of June 2025.
Conclusion
At Fisher Phillips, we will keep you up to date on the evolution of this important legislative process, which is, without a doubt, the greatest structural change in the history of modern Mexico.
