The DECREE that amends, adds, and repeals various provisions of the Political Constitution of the United Mexican States, regarding the reform of the Judicial Branch, came into effect on September 16, 2024 (the “Judicial Reform”). The Judicial Reform restructures the institutional framework of the Mexican judicial system as follows:
- Election of judges by popular vote. The Judicial Reform introduces the popular election of Justices of the Supreme Court of Justice of the Nation (“SCJN”), Magistrates of the Judicial Disciplinary Tribunal (“TDJ”)—an entity created by the Reform itself—Magistrates of the Electoral Tribunal of the Federal Judiciary (“TEPJF”), Circuit Magistrates, and District Judges.
The Judicial Reform also mandates the states to adopt the same model of popular vote in their respective local Constitutions. - Candidates for each judicial position will be nominated by each Branch of the Union. Each Branch of the Union (Executive, Legislative, and Judicial) will nominate a specific number of candidates for the positions subject to popular election, based on lists established by evaluation committees formed by each Branch. This process must be conducted through “public, open, transparent, inclusive, and accessible mechanisms.”
- Extraordinary election of 2025. On Sunday, June 1, 2025, an extraordinary federal election will be held to elect: (i) all Justices of the SCJN; (ii) the vacant magistracies of the Superior Chamber of the TEPJF; (iii) all Magistrates of the regional chambers of the TEPJF; (iv) the members of the TDJ; and (v) half of the Circuit Magistrates and District Judges.
Current judicial officers occupying these positions will be included in the lists to participate in this extraordinary election unless they decline their candidacy. If they are not elected, their term will end on the day the newly elected public officials take office, which is September 1, 2025. The judicial administration body will assign the elected individuals to their respective judicial bodies no later than September 15, 2025.
Timeline of the 2025 extraordinary electoral process
September 15, 2024Publication in the Official Gazette of the Federation.
September 16, 2024Entry into force of the Judicial Reform and commencement of the extraordinary electoral process.
No later than September 23, 2024The preparation phase for the extraordinary election will begin.
October 16, 2024Deadline for the Senate to issue the call for compiling the candidate lists.
June 1, 2025Extraordinary federal election.
August 28, 2025Deadline for deciding challenges related to the extraordinary electoral process.
September 1, 2025Elected judicial officers are sworn in.
September 15, 2025Deadline for the Judicial Administration Body to assign the elected judicial officers to the corresponding judicial body.
- Ordinary election of 2027. In the regular federal election of 2027, the following will be elected: (i) the remaining half of the Circuit Magistrates and District Judges; and (ii) the magistracies that will become vacant from the Superior Chamber Magistrates of the TEPJF who were in office at the time the Judicial Reform took effect.
- Restructure of the SCJN. The Judicial Reform restructures the SCJN by reducing the number of Justices from eleven to nine, and shortening their term from fifteen to twelve years. Additionally, the two chambers of the SCJN will be dissolved, allowing it to operate exclusively through the full court. Furthermore, the presidency of the SCJN will be held by the Justice who receives the most popular votes, and will rotate every two years based on the number of votes obtained.
- Judicial Branch Administration. The administration of the PJF will be entrusted to a Judicial Administration Body (“OAJ”), which will have technical and management independence. The body will consist of five members who will serve a non-renewable term of six years.
The OAJ will be responsible, among other duties, for: (i) determining the number, division into circuits, territorial jurisdiction, and subject-matter specialization of the Collegiate Circuit Courts, the Collegiate Courts of Appeal, and the District Courts; (ii) overseeing the recruitment, retention, and dismissal of judicial and administrative career personnel, as well as their training, promotion, and performance evaluation; (iii) inspecting compliance with the PJF’s administrative operating rules; (iv) providing, through the Federal Public Defender Institute, public defense services in federal matters; and (v) drafting the budget for the PJF, which will be submitted for inclusion in the Federal Expenditure Budget proposal. - Judicial Branch Discipline. The discipline of PJF personnel will be overseen by the TDJ, an entity with technical, managerial, and decision-making independence. The TDJ will be composed of 5 members elected by popular vote, and will operate both in plenary sessions and through committees.
The TDJ’s responsibilities will include, among others: (i) ordering the initiation of investigations, taking over proceedings related to serious offenses or acts designated as crimes by law, imposing precautionary and coercive measures, and sanctioning public officials who commit acts or omissions contrary to the law, the administration of justice, or other governing principles; (ii) evaluating the performance of Circuit Magistrates and District Judges elected in the corresponding federal election during their first year in office; (iii) resolving disputes that may arise between the PJF and its officials, as well as between the SCJN and its employees. - Timely and expedited justice in tax and criminal matters. In tax matters, the laws will set out the amounts and circumstances under which the judicial bodies must resolve a case within a maximum period of six months from when they become aware of the matter. Meanwhile, in criminal matters, with respect to the rights of the accused, it is provided that the trial period for the accused shall be either four months or one year, as applicable. In both cases, if this period is exceeded without a judgment being rendered, the judicial bodies must notify the TDJ and explain the reasons for the delay.
- Immediate notice of ongoing criminal trials that have exceeded the maximum time limits. Judges presiding over criminal trials must follow the procedure outlined in the previous section for cases that have surpassed the permitted maximum time limits
- Restriction on suspensions. The Judicial Reform establishes that, under no circumstances, will the admission of constitutional disputes or actions of unconstitutionality result in the suspension of the contested general norm. Furthermore, it provides that in amparo proceedings where the unconstitutionality of general norms is claimed, the suspension with general effects may not be granted under any circumstances.
- Anonymous judges. In cases involving organized crime offenses, the judicial administration body may implement the necessary measures to ensure the safety and protect the identity of the judges, in accordance with the procedure established by secondary legislation.
- Implementation of the Judicial Reform in the States. The states will have a period of one hundred and eighty calendar days from the entry into force of the Judicial Reform to amend their local constitutions. The renewal of all elected positions within the local Judicial Branches must be completed by the regular federal election in 2027. Local elections must align with the date of either the extraordinary election in 2025 or the regular election in 2027.
- Harmonization of legislation. The Congress of the Union will have a period of ninety calendar days from the entry into force of the Judicial Reform to make the necessary adjustments to federal laws to comply with the Reform’s provisions. Until these adjustments are made, the applicable constitutional provisions will apply directly, and, secondarily, electoral laws will apply in all areas not in conflict with the Judicial Reform.
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This document is for informational purposes only and does not constitute specific legal advice. We are at your service to discuss the content of this document, as well as to provide highly specialized support and advice on the topics discussed, including the eventual implementation of the Judicial Reform and its impact on your organization.
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