The Patronal Confederation of the Mexican Republic (Coparmex) warned that the “interference” of the Senate and Electoral Court of the Judicial Power of the Federation (TEPJF) in the process of selection of judges causes legal uncertainty, which discourages the investment and growth of the Mexican economy.
“They weaken the autonomy of the Judiciary, as well as generate legal uncertainty, which discourages investment and slows the economic development of the country,” said the employer union in a document.
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The interference represents a flagrant violation of the constitution and judicial independence, according to the body led by Juan José Sierra Álvarez.
“In Coparmex, together with various organizations and lawyers, we have warned the risk of this interference in the subordination of the Judiciary to partisan interests, which compromises its autonomy and the principle of separation of powers,” he said.
“Allowing the interference of the Senate would sit a dangerous precedent that violates the rule of law and affects the confidence of citizens and companies in institutions,” he added.
“In addition, the interference of the Electoral Court of the Judicial Power of the Federation in this process is equally alarming,” he said.
“His decision to validate the intervention of the Senate in the selection of judges contradicts article 49 of the Constitution, which clearly establishes the division of powers and prohibits the concentration of faculties in a single organ,” he said.
He indicated that by assuming a role that does not correspond to him, the court has allowed an institutional distortion that compromises judicial independence and generates a negative precedent for future judicial processes.
Without a solid and independent justice system, it is not possible to guarantee the legal certainty required by companies to operate and grow, he said.
He assured that the reform of the Judiciary attempts against judicial independence, undermines legal certainty and weakens the rule of law in Mexico.
“The election of judges, magistrates and ministers by popular vote opens the door to the politicization of justice, compromising the impartiality in the delivery of justice and generating a climate of distrust that negatively impacts the investment and economic growth of the country,” he emphasized.
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According to Coparmex, the independence of the Judiciary is a fundamental pillar of the rule of law and an indispensable requirement to guarantee legal certainty in the country.
He indicated that the judicial reform has generated debate by compromising the independence and autonomy of the Judiciary.
“Although their proponents seek greater democratization and transparency, their implementation faces legal, budgetary and operational difficulties that question their effectiveness and legitimacy,” he explained.
“Four months after publication, the implementation of the reform faces serious legal and operational questions. So far, 798 amparos against them have been presented, which reflects the high degree of opposition and the structural problems that it entails, ”he said.
He said that the contradictions between district judges, the Electoral Court and the INE have generated a climate of unprecedented legal insecurity, affecting confidence in institutions and hindering the organization of the electoral process.
