Mexican justice reforms spark strikes, investor concerns and US condemnation

On February 5 of this year, President Lopez Obrador presented a series of constitutional reforms that have caused much controversy in both Mexico and the United States.

The judicial reform in particular has caused considerable concern in the United States. This reform is not only a clear and direct violation of Mexico’s USMCA commitments and obligations, but also jeopardizes billions of dollars of U.S. investment in Mexico.

As many companies now have no clear legal system in which to protect their investments.

The reform of the judicial system aims not only to have judges and the Mexican Supreme Court, but also federal and local judges elected by popular vote. Furthermore, the requirements to become a judge or even a Supreme Court judge are very low. That opens the way to judges and a judicial system with members who, you know, are not qualified for the position.

The second real concern is that it opens the way for further influence by organized crime, which already plays a major role in determining who the judges will be, at least at the local, municipal and state level, to protect their interests.

If all judges were elected by popular vote, organized crime could significantly influence the election of these judges in certain states.

But more than that, it would really reduce the checks and balances on the executive branch. The Supreme Court is the only government body that has reversed many of President Andrés Manuel Lopez Obrador’s previous reforms, taking bills and declaring them unconstitutional on various grounds.

And so, to have a real democracy with checks and balances, where all the power is not just concentrated in the presidency, it is extremely important to have a thriving and flourishing democracy. And so this judicial reform not only poses problems for the capacity and the skills that the next judges will have, but it also kind of diminishes the democratic institutions and the separation of powers in Mexico.

These new announcements from the Mexican president just add unpredictability. It could really undermine the competitiveness, the prosperity of the North American region and it could really undermine the USMCA in the very near future.