### Piña Urges for the Defense of Judicial Independence; COPARMEX Warns of Crime Influencing Judges’ Selection
On August 12, 2024, Norma Lucía Piña Hernández, President of the Supreme Court of Justice of the Nation (SCJN) and the Federal Judiciary Council (CJF), made a compelling call to defend the independence of the judiciary.
“Once again, we raise our voices about the implications that would arise if our judicial independence is compromised or lost,” Piña Hernández stated in her speech, though she did not reference the initiative sent by Andrés Manuel López Obrador to the Congress of the Union on February 5, 2024.
“No condition can justify undermining or burying the universal, interdependent, indivisible, and progressive fundamental rights of every human being. Preserving judicial independence is a heritage of humanity. Judicial independence is a right for all people; it is a people’s right,” Piña Hernández emphasized.
The minister noted the uncertainty of the future, especially without a serious and detailed diagnosis of the judicial independence’s significance. “Judicial independence is not a privilege of those who dispense or will dispense justice, but a human right for all.”
Piña Hernández inaugurated the ‘International Meeting on Judicial Independence,’ a three-day event held at the SCJN headquarters. Participants included other ministers, legislators from all parties, CJF councillors, representatives from 30 embassies, the Business Coordinating Council (CCE), presidents and secretaries of associations of judges and magistrates, as well as prominent bar associations and international organizations like the Konrad Adenauer Foundation.
The event was supported by the Legal Research Institute (IIJ) of the National Autonomous University of Mexico (UNAM) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Mexico.
Jesús Peña Palacios, Deputy Representative of the High Commissioner, stressed that judicial reform should be deliberated in a climate of tolerance and through a comprehensive, open, plural, and transparent process, ensuring that the adopted proposals align with international human rights norms and standards. He emphasized the need for an objective, evidence-based diagnosis covering all justice-related institutions like police, prosecutors, forensic services, the penitentiary system, and public defenders.
Mónica González Contró, director of the IIJ at UNAM, highlighted the importance of the Federal Judiciary’s decisions in favoring the rights of minors and vulnerable minorities, which the legislative powers had neglected. She underscored that democracy does not imply the imposition of majorities.
“The justice system today needs judges who can be free from any pressure or interest, including those from majorities and political parties,” said González Contró.
Furthermore, José Medina Mora Icaza, president of the Employers Confederation of the Mexican Republic (COPARMEX), warned that approving the judicial reform risks having weak judges and facilitating organized crime’s influence in their appointments. Medina Mora Icaza criticized the restricted open parliaments convened by Morena legislators to discuss the judicial reform, stating that not all experts were heard.
“The greatest concern is the proposal for the popular election of judges, magistrates, and ministers, which could compromise judicial independence. This proposal could erode public trust and investment,” explained Medina Mora Icaza. He added that such reforms could create legal uncertainty, deterring investors, as no country in the Organization for Economic Co-operation and Development (OECD) elects judges and magistrates. The reform could politicize justice, creating conflicts of interest, he concluded.
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### Secondary Article: Concerns Arise Over Judicial Independence in Mexico Amid Proposed Reforms
Additional reports on the topic reveal rising concerns over President Andrés Manuel López Obrador’s proposed judicial reforms. As covered in various news outlets, legal experts argue that the reforms might undermine the judicial system’s autonomy. Human rights organizations and economic analysts worry about the long-term implications for democracy and economic stability.
The United Nations has reiterated the importance of maintaining judicial independence for a fair and transparent legal system. Similar sentiments were echoed by the European Union, which closely monitors democratic processes and judicial reforms globally.
Backlash from the business sector highlights the potential negative impact on foreign investments, which rely heavily on a stable and predictable judicial environment. With ongoing debates and discussions, stakeholders from multiple sectors call for a balanced and well-considered approach to ensure that judicial reforms strengthen rather than weaken the rule of law in Mexico.
Watch this space for further updates as the situation develops.