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Mexico - December 2023

Change in Electoral Tribunal’s leadership raises concerns
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In December, Reyes Rodríguez Mondragón resigned as President of the Federal Judiciary’s Electoral Tribunal (TEPJF, Tribunal Electoral del Poder Judicial de la Federación), a significant development just six months before the country's largest electoral process (in terms of number of offices for election). After the tenure of two of its seven magistrates expired and due to an impasse in the Senate that has prevented the designation of replacements, the TEPJF’s High Chamber has been functioning with only five members since November. Of these, three magistrates expressed their loss of trust in the leadership of former President Rodríguez Mondragón and publicly called on him to resign. Reports indicate that the three magistrates were unhappy with how the Tribunal’s internal administration was being handled. Allegations in the media of external political pressures were denied by the former President, Justice Mónica Soto Fregoso was subsequently voted in as the new president of the Tribunal and started her tenure in January 2024.

Experts had expressed their concern, calling on the three magistrates to privilege the TEPJF’s stability. Some stressed that this situation seriously impacts public trust in the electoral justice system, particularly given the opacity of the allegations made against the former President.

Sources: El Pais (1), Infobae, El Pais (2), Forbes Mexico, El Universal

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Credible Elections
Rule of Law 0 Rule of Law  (0)
Predictable Enforcement

President appoints new Supreme Court justice
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On 14 December, Mexico's President López Obrador appointed Lenia Batres Guadarrama, as a new justice of the Supreme Court (SCJN), to fill the vacancy left by Arturo Zaldivar, who resigned last November. Pursuant to Article 96 of the Constitution, President López Obrador made the appointment after the Senate twice rejected the shortlist of nominees he proposed (two shortlists were proposed in total), which included Batres Guadarrama and others deemed close allies of the President. Concerns have been raised about her impartiality due to her strong connections with the President and the ruling party. She has previously served in López Obrador’s presidential and mayoral administrations. This marks the fifth justice appointment since the current administration came into power in 2018, but it is the first direct appointment by the president. López Obrador has expressed his intention to amend the constitution to allow citizens to elect Supreme Court justices and other judges directly.

Sources: Reuters, El Pais, CNN

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Judicial Independence