A group of 50 law scholars from various Latin American universities presented a technical opinion known as “friend of the court” or amicus curiae to Mexico’s Supreme Court of Justice, offering arguments against the recently decreed judicial reform, following its approval by the Legislature at the Government’s initiative.
In the document, a report presented by parties not involved in the litigation but with an interest in the matter—as defined by the court itself—the specialists argue that “it is the appropriate time” for the Supreme Court to address judicial control of constitutional reforms, i.e., to examine their validity on formal or substantive grounds. They also propose the need for the Court to effectively control the procedures of the bodies empowered to amend the Constitution, and in this case, it should do so based on a “presumption of unconstitutionality.”
The analysis compares cases from Colombia, Brazil, Argentina, Ecuador, and Peru, where the constitutional courts of those countries exercised constitutional control over various reforms.
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For example, the researchers argue that some of the changes in Mexico’s reform do not offer “sufficient guarantees of independence, impartiality, competence, and professional integrity” in the Judiciary, making them “much more radical and definitive” than some changes that Colombia’s Constitutional Court has invalidated “for considering that they do not reform but rather replace the Constitution.”
Mexico’s Supreme Court of Justice approved on October 3 to review the judicial reform, which was published in the Official Gazette of the Federation on September 15. By a majority of eight votes in favor and three against, the Plenary of the highest court admitted the constitutional analysis requested by a group of judges and magistrates, positions that under this reform can be elected by popular vote starting in 2025. The approved project argues that the Court has the mandate to “ensure the autonomy and independence of the bodies and members of the federal Judiciary.”
Mexico’s President, Claudia Sheinbaum, has dismissed this review, considering that “it has no basis” and that the judicial reform is not in danger. CNN requested a reaction from the Presidency and the Supreme Court regarding the jurists’ presentation, but has not yet received a response.
Source: CNN Mexico
