Mexico's Judicial Reforms and the Implications for Foreign Investors
"A considerable level of uncertainty is likely to dominate the Mexican legal landscape for the foreseeable future," write Gabriel Salinas, David Weiss and Marco Portillo Diaz of Mayer Brown.
November 01, 2024 at 10:03 AM
5 minute read
Mexico's recent judicial reforms, which took effect on Oct. 1, 2024, are drawing attention from both domestic and international observers. These reforms, which alter the process for appointing judges, reduce the number of Supreme Court justices, and modify how constitutional challenges are handled, have sparked concerns about the potential for politicization of the judiciary. Foreign investors, in particular, are closely monitoring the reforms as they assess the potential impact on Mexico's legal predictability, a cornerstone for ensuring contract enforcement and property rights.
Judicial Elections: A Departure from Tradition
One of the most significant changes introduced by the reform is the election of judges through popular vote. Previously, federal judges, including Supreme Court justices, were appointed by the president and ratified by the Senate. This process, while not immune to criticism, provided a buffer against direct political pressures. The new system, however, requires judges to be elected by the public, a move intended to make the judiciary more accountable.
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