Foreign business chambers have expressed apprehension over Mexico's proposed judicial overhaul, which includes making judges stand for election. President-elect Claudia Sheinbaum has sought to allay fears by framing the changes as a pro-democracy measure. However, outgoing President Andrés Manuel López Obrador has confirmed that the reforms are specifically targeted at foreign firms.
The constitutional changes aim to replace 7,000 judges nationwide, a move critics argue could compromise the independence of the judiciary. Concerns have been raised about the potential influence of constituents or the ruling party on judges' decisions, rather than upholding the law. Questions have also been raised about the feasibility of conducting large-scale elections without interference from criminal elements.
Sheinbaum, who is set to assume office on October 1, has defended the reforms while engaging with international stakeholders to reassure foreign investors. She emphasized that the changes will enhance the rule of law and democracy for all parties involved.
However, U.S. business chambers, the U.S. Ambassador to Mexico, and financial analysts have highlighted risks associated with the overhaul. Elected judges may prioritize loyalty to their constituencies or the ruling party over legal principles, potentially impacting commercial relations and investments.
López Obrador's stance on foreign energy companies has further fueled concerns. He has criticized these firms for allegedly overcharging for electricity, advocating for measures that would favor state-owned entities. The proposed judicial overhaul is seen as a means to advance such nationalist agendas.
The reform, which has passed the lower house and awaits Senate approval, has triggered protests and opposition from various quarters. Critics argue that the changes could undermine democracy, human rights, and Mexico's international commitments.
While Mexico's judiciary has faced challenges of corruption and opacity, recent reforms have aimed to enhance transparency and accountability. The proposed overhaul represents a significant shift in the selection and functioning of judges, raising broader implications for the country's legal system.
Foreign investment, particularly from the U.S., plays a crucial role in Mexico's economy. As López Obrador's term concludes, the incoming administration faces the task of navigating the implications of the proposed judicial changes.