JUFED Critique on Judicial Reform

JUFED alerts Mexico Congress on proposed judicial reform violating T-MEC commitments, risking economic, labor, and investment implications. Trade partners emphasize Mexico’s need to uphold international legal standards for stable business environments.

**JUFED Warns Congress about Judicial Reform Violating T-MEC Commitments**

The National Association of Circuit Magistrates and District Judges of the Federal Judiciary (JUFED) presented a document on September 2, 2024, to the Mexican Congress, expressing their disagreement with the proposed judicial reform. They claimed that the reform violates commitments made under the US-Mexico-Canada Agreement (T-MEC).

In their communiqué, JUFED emphasized the intricate and substantial relationship between Mexico and the US, covering political, economic, commercial, environmental, energy, security, immigration, and border management topics. They quoted the US as Mexico’s primary trade partner and highlighted Mexico’s status as a key economic ally to the US.

JUFED pointed out that the T-MEC interacts with various international public law instruments, including bilateral and multilateral treaties like those from the World Trade Organization (WTO), requiring a careful balance to ensure compatibility and optimal integration with other international commitments.

The association noted challenges in harmonizing economic international law and constitutional law where sensitive issues like environmental protection, anti-corruption activities, labor rights, and intellectual property are involved. They recalled the trilateral pre-agreement reached on August 28, 2018, which culminated in the T-MEC signed on November 30, 2018. Under Annex 23-A of the treaty, Mexico committed to implementing necessary legislative actions by January 1, 2019, to maintain independent and impartial labor courts.

JUFED criticized the proposed reform for attempting to establish elections for judges, magistrates, and Supreme Court justices, arguing that this undermines the commitment to maintaining independent courts as stipulated in T-MEC’s Annex 23. They warned that this violates obligations in Chapters 14 and 27, related to investments and anti-corruption policies, stressing that independent courts are crucial for resolving labor disputes and protecting foreign investors’ interests.

On August 23, 2024, former Secretary of Foreign Affairs Marcelo Luis Ebrard Casaubón highlighted the T-MEC’s economic benefits for Mexico, the US, and Canada, and urged not to jeopardize it. Ebrard, set to become Secretary of Economy in the administration of President-elect Claudia Sheinbaum Pardo, maintained that the judicial reform should not affect T-MEC deliberations, emphasizing the treaty review will conclude in 2026 and should be defended, especially amid the US competition with Asian markets.

**Secondary Article: Mexican Judicial Reform Faces Criticism from Trade Partners**

In addition to JUFED’s concerns, international reactions to Mexico’s judicial reforms have sparked significant debate. The Canadian government has expressed apprehension over the potential impacts on bilateral and multilateral trade dynamics, particularly given the shared economic dependencies outlined in T-MEC.

US trade representatives have also raised alarms, noting that judicial reforms in Mexico could disrupt the delicate balance of commitments required to uphold fair trade practices and investments. They caution that instability in Mexico’s judiciary could lead to decreased confidence among US investors, which might undermine the economic framework established under T-MEC.

Beyond North America, European trade partners are closely monitoring the developments. They have underscored the importance of Mexico adhering to international legal standards and maintaining an independent judiciary, essential for ensuring consistent and reliable business environments conducive to foreign investments.

As the debate intensifies, Mexican policymakers are urged to reconsider aspects of the judicial reform to align more closely with international obligations, ensuring the nation’s commitments are preserved and fostering a stable economic relationship with its global partners.