Reform of the Judiciary: Its Phased Implementation

Executive Summary:

• The decree to reform, add and repeal various provisions of the Political Constitution of the United Mexican States to make significant changes to the organization and operation of the Federal Judicial Branch was published on September 15, 2024.
• We consider that the phased implementation provided for by the reform decree will face technical, factual and legal difficulties in being implemented in the terms provided for by the transitional articles of the same.

The reform proposed by the Federal Executive, which was published on September 15, 2024 in the Official Gazette of the Federation, modifies various provisions established in the Political Constitution of the United Mexican States.[1] In this regard, and in accordance with the transitional articles provided for in said decree, the implementation of the reform must be carried out in accordance with the following:

It is important to mention that, although the Decree provides for a phased implementation of the reform, said document does not provide for an express or explicit sanction as a consequence of failure to comply with the deadlines established therein. In addition, in some cases such as those regarding the funds and trusts established for the Judicial Branch of the Federation, although their extinction is foreseen no later than December 16, 2024, there are currently suspensions granted within various constitutional processes (such as amparo trials) that prevent compliance with said measure until the substance of the matter is resolved.

For the above reasons, we consider that the phased implementation provided for by the reform decree will face technical, factual and legal difficulties in being implemented in the terms provided for by the transitional articles thereof.

[1] https://www.gob.mx/cms/uploads/attachment/file/892010/REFORMA_AL_PODER_JUDICIAL__2_CS.pdf