A popular election proposal raises doubts

MEXICO CITY (EFE).— The UN special rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, yesterday expressed her concern about President López Obrador’s judicial reform, because, she considered, “it could undermine the independence of the Judiciary.”

“I believe that they could undermine the independence of the Mexican judiciary, particularly the federal courts of the United Mexican States, if they are enacted without substantial modifications,” he said of the constitutional initiatives presented by the president on February 5.

The rapporteur expressed her doubts regarding the proposal for the popular election of all judges and the elimination of the Federal Judicial Council (CJF) “without having procedures to regulate actions during the campaign.”

“I am particularly concerned about the context in which these reform proposals are being carried out, given the alleged intimidation of judges and reports of interference in judicial independence (…) by the executive and legislative branches,” she said.

The UN rapporteur believes that the initiatives would have a direct impact on the functioning of the judiciary by subjecting the selection mechanism for judges to a procedure in which political considerations “could easily override the objective merits of a candidate.”

He said the changes “lack a transparent, independent and accessible mechanism that would allow an independent authority to verify whether candidates meet the training, aptitude and integrity requirements.”

For the American, the popular election of judges “could increase the risk that candidates for magistrates seek to please voters or campaign sponsors to increase their chances of reelection.”

“This mandate has also concluded that the selection of judges for short periods of time weakens the judicial system and negatively impacts the independence and professional development of judges,” he said.

Judicial reform Other considerations

UN Special Rapporteur Margaret Satterthwaite cited other points on the reform.

Disgust over layoffs

The New York researcher expressed her displeasure with the planned automatic dismissal of more than 1,800 judges and officials if the reform is approved because “it could delay the administration of justice for ordinary citizens awaiting judicial decisions.”

Risk of being influenced

The UN rapporteur also pointed out that the alignment of judicial terms with the presidential election cycle is also a cause for concern, because “during election periods, voters could be influenced by political rhetoric and partisan campaigning.”

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