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Judicial reform in limbo: INE halts validation of 850 judges

Judicial reform in limbo: INE halts validation of 850 judges

Judicial Reform in Limbo: INE Halts Validation of 850 Judges
Judicial Reform in Limbo: INE Halts Validation of 850 Judges

In a twist that threatens to derail judicial reform, the National Electoral Institute ( INE ) has indefinitely halted the validation of 850 judges, magistrates, and ministers elected on June 1, due to a deep disagreement over their eligibility.

The implementation of Mexico's controversial judicial reform has hit its first major hurdle, plunging the country into a state of heightened institutional uncertainty. The General Council of the INE (National Electoral Institute) has suspended the process to validate the election results for more than 850 judicial positions, failing to reach a consensus on whether all elected candidates meet the legal requirements to hold their positions.

The paralysis, which began with a recess declared on June 19 and has not resumed, jeopardizes the constitutional calendar that stipulates that new justice administrators must be sworn in on September 1.

The crux of the dispute lies in the eligibility requirements established in the reform itself. Sources within the INE have revealed that the main stumbling block is that more than 30 people who were elected do not meet the minimum grade point average of 9.0 in subjects related to their specialty, a requirement explicitly stated in the call for applications.

This fact has divided the electoral councilors, placing them at a crossroads:

  • Validating unqualified candidates would violate the law they are required to follow, setting a precedent for regulatory flexibility and opening the door to a wave of challenges.
  • Invalidating their victories would mean nullifying the will of thousands of voters and entering into a direct confrontation with the ruling party and the candidates themselves, who could argue that their popular election trumps administrative requirements.

Since its proposal, the judicial reform has been the subject of severe criticism from legal experts, academics, and civil society organizations. The main warnings focused on the risks of politicizing the justice system and allowing people without the necessary experience, capacity, or independence to reach the highest judicial positions.

The June 1 election, which had a voter turnout of just 13%, had already been criticized for alleged irregularities and widespread voter ignorance about the candidates' profiles. The current impasse at the INE appears to materialize concerns that a rushed and poorly designed process could lead to institutional chaos.

"Without trust in justice, there is no investment or development." – COPARMEX, on the importance of legal certainty, now under question.

With time running out, the future of the reform is uncertain. The law stipulates that all disputes and appeals must be resolved by August 28th at the latest, so that the swearing-in can take place on September 1st.

The possible scenarios are complex and high risk:

  • A political solution: The INE and political actors are negotiating a solution that would allow candidates to be validated, possibly at the expense of the integrity of the law.
  • Intervention of the Electoral Tribunal: The TEPJF could be called upon to resolve the dispute, although its own legitimacy is at stake.
  • A constitutional crisis: If a resolution is not reached, September 1 could arrive without a properly constituted judiciary, creating an unprecedented power vacuum.

This blockage represents the first major test for Mexico's new institutional framework. The credibility of the INE and the legitimacy of the future judiciary hang in the balance, while the nation watches the unfolding of a crisis that many have warned about.

Paloma Franco
La Verdad Yucatán

La Verdad Yucatán

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