In our commitment to keeping you informed about the latest legal developments, this newsletter addresses the specific changes in the structure and functioning of the Supreme Court of Justice ("SCJN") as a result of the Judicial Reform.
While the reform has already come into effect, the changes will be implemented gradually over the coming months.
Prior to the reform, the SCJN was composed of 11 Justices, divided into two chambers of five Justices each, with a Full Court, presided over by the Chief Justice.
Under the previous system, the Chief Justice served a four-year term and was prohibited from immediate re-election for the subsequent term.
Justices were appointed for a 15-year term and were entitled to a retirement allowance upon completion of their term.
This retirement allowance consisted of a pension equal to their full salary for the first two years after retirement. Beginning in the third year, the pension was reduced to 80% of that salary and remained at that level for life.
Additionally, Full Court and Chamber sessions could be public or private, depending on the moral and public interest considerations related to the matter under discussion.
As of the reform, the following specific changes have been introduced to the structure and operation of the SCJN:
- New composition: The SCJN will now consist of nine Justices, forming a single Full Court, with the position of Chief Justice remaining unchanged.
In other words, the two previously existing Chambers have been eliminated.
- Term length: The Chief Justice’s term is now two years and will be renewed on a rotating basis, based on the number of votes obtained in the initial election.
A Justice’s term will be 12 years, with no possibility of re-election.
- Elimination of retirement allowance: Justices will no longer be entitled to a pension upon the conclusion of their term.
- Mandatory public sessions: All Full Court sessions will be public, eliminating the possibility of holding private sessions.
At Ramos, Ripoll & Schuster we appreciate your trust and are at your disposal to provide information or advice on the scope of this reform.
Practice Area: Litigation
Members:
Alejandro Schuster
aschuster@rrs.com.mx
Jessica Ledesma
jledesma@rrs.com.mx
José Eduardo González
jgonzalez@rrs.com.mx
Alan Barajas
abarajas@rrs.com.mx
Alfonso Valdés
avaldes@rrs.com.mx
Diego Escobedo
descobedo@rrs.com.mx
Sarah Dávila
sdavila@rrs.com.mx
Javier Tavares
jtavares@rrs.com.mx