The Organic Law and the Judicial Service Law of the Judiciary branch have been published

Since March 11, 2021, the constitutional reform in judicial matters was published in the Official Gazette of the Federation, however, this publication was only a first step. This is a constitutional amendment that modifies six of its articles relating to the structure, faculties and functions of the Federal Judiciary.

The second transitory article of this reform granted the Congress a term of 180 days to approve the secondary legislation, which would constitute the second stage of the judicial reform.

In accordance to the aforementioned, on June 7, 2021, a Decree was published in the Official Federal Gazette, enacting the Organic Law of the Judicial Branch of the Federation and the Judicial Career Law of the Judicial Branch of the Federation and amending, adding and repealing several provisions of secondary laws related to the aforementioned laws, The purpose of these laws is to regulate the procedure and purging of constitutional controversies, the modification of the system of precedents, the declaration of unconstitutionality, the direct amparo in review and the modification of the faculties of the Federal Judiciary Council and the organization of the federal courts.

The aforementioned reform strengthens the role of the Mexican Supreme Court of Justice as a constitutional court since constitutional controversies must now focus on the analysis of violations to our Magna Carta and to the human rights acknowledged through international treaties subscribed by the Mexican State.

In addition to the foregoing, this amendment modified the Amparo Law in order to bring relevant changes to our jurisprudential system by adding the system of jurisprudence by precedent, that is, that the reasons that justify the decisions contained in the judgments issued by the Plenary of the Supreme Court, by a majority of eight votes, and by the Chambers by a majority of four votes, will be binding for all jurisdictional authorities of the Federation and of the federal entities. In addition, the jurisprudence by reiteration issued by the Supreme Court of the Nation is eliminated.

On the other hand, in relation to the organic changes that this reform will introduce, it includes that the Unitary Circuit Courts currently composed of one Magistrate will become Collegiate Courts of Appeals composed of three Magistrates and the Circuit Plenary Courts that resolved thesis contradictions in the same circuit will be substituted by Regional Plenary Courts that will group different circuits, seeking homogeneity of judicial criteria.

Finally, it should be noted that, with the creation of the Judicial Career Law of the Judicial Branch of the Federation, the entry, training, permanence and removal of all judicial personnel is regulated, based on the recognition of merit and equal opportunities.

If you would like more information in this regard, please do not hesitate to contact any of our partners or associates.

Yours sincerely,

Cannizzo