Senators of Morena presented on Monday an initiative to restructure the Judiciary that contemplates changes in the appointment and duration of ministers in the Supreme Court of Justice of the Nation (SCJN), of the integration of the Council of the Federal Judiciary, as well as to end nepotism practices.
The initiative envisages reforming Articles 94, 95, 96, 97, 98, 99, 100, 105 and 107, with the aim of «combating the deficiencies or distortions that mislead the just application of the law and the sound delivery of justification as a daily practice within this Power».
Here are the five points that more and for way to modify the proposal presented by Morena:
Election of ministers
With regard to the appointment of ministers of the SCJN, it is proposed that the integration of the terns to elect ministers of the Supreme Court should no longer be in charge of the President of the Republic, but of the Council of the Federal Judiciary (CJF). The Federal Executive will also not be able to determine the winning candidate if the Senate fails to hold an election.
The selection of ternas members will also involve universities, courts or civil organizations when proposing CJF candidates.
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On the other hand, it would also reduce the time of ministers’ commission, from fifteen to six years, with possibilities for ratification.
Reforms to the Council of the Judiciary
On the integration of the CJF, Morena’s legislators propose that it be made up of 11 members – rather than seven – and that of these only three are members of the Federal Judiciary and proposed by the Council of the Judiciary itself to the Senate.
The other seven members of the body will be outside the Federal Judiciary and, like those proposed by the Council, will be freely appointed by the Senate, which will evaluate «candidates who must meet a demonstrable suitable profile».
The designation shall be subject to a public call, with consultation with universities in the country, legal research centres, bars and bar associations, as well as academics and members of civil society.
Another change that is proposed is that the President of the Supreme Court of Justice of the Nation will no longer be president and member of the Council of the Federal Judiciary, in order that judges are exempt from any hierarchical pressure and have guarantees freedom and independence to perform their duties.
The initiative also calls for the inclusion of the SCJN and the Electoral Tribunal within the administration and governance of the Council of the Federal Judiciary, to monitor and supervise these bodies and their owners, in order to «ensure independence of these judges.»
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They also propose the creation of three specialized sections or commissions within the CJF, which give a clear view of the responsibilities in charge of the institution: an administrative, one judicial career and one disciplinary proceeding.
On combating corruption within the Federal Judiciary, it is proposed that the powers of inquiry in charge of the CJF be expanded, so that, on their own initiative and without prior request to the Supreme Court, they can investigate alleged investigations Irregularities.
They also seek the power of the Judiciary so that, through the CJF, it can present law initiatives in the field of Amparo Law and its Organic Law.
Currently, the appointment of civil servants within the courts is the exclusive power of the holders of the courts.
Therefore, the senators of Morena propose that the Council of the Federal Judiciary, on the proposal of the federal judges and judges, appoint and remove the respective officials and employees of the Circuit Courts and District Courts.
The Federal Judiciary Council would have the responsibility to analyze the feasibility of the proposals and determine their candidates are eligible to hold positions within the Judiciary, in accordance with criteria established by law.
The initiative proposes that, in order to ensure a fixed budget that ensures sufficient resources for the federal judiciary, a percentage of the Federation’s Egress Budget should be fixed for its benefit, which is in the opinion of the Chamber of Deputies.
Morena proposes that the Amicus Curiae, an expression meaning «person or institution outside the litigation and the process, which submits to the Court reasoning around the facts contained in a case and formulates legal considerations about it», be introduced as procedural mechanisms for the protection of rights.
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«By including the amicus curiae figure, we are confident that the level of transparency in judicial processes will be promoted, as the level of discussion will be raised and the discussion of the subject at issue will be opened,» the initiative states.
The presentation of the initiative was made this 21 October by the chairman of the Political Coordination Board of the Senate, Ricardo Monreal, the Minister President of the SCJN, Arturo Zaldívar, the Legal Counsel of the Federal Executive, Julio Scherer Ibarra, as well as the coordinators of all benches, who agreed that Mexico requires comprehensive reforms to find solutions to the problems facing the provision of justice in the country.
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