The word justice comes from the Latin “iustus” which means fair and the “ius” which means law or law. For the writers, justice is defined how to give each one what corresponds to it.
Now that we are clear about the concept of justice, we will try to understand if the ministers, magistrates and judges selected in the unprecedented electoral day of June 1, can respond to this universal concept and ensure compliance with the institutional, legal and regulatory conditions to guarantee legal certainty.
The Judiciary is the only one of the three powers of the Union, where representatives must have proven experience. According to the Political Constitution, to integrate into the Judiciary, jurists or law professionals are required with an experience in professional practice at least five years to be a minister and three years to be magistrates or district judges.
Having randomized the preselection of the candidates who were part of the nominal lists, it does not seem that the aforementioned fundamental aspects were taken into account, since the best candidates for any of the positions were not evaluated.
A sample button is the 37 candidates that were reviewed by the National Electoral Institute (INE), for the incomplete work of the evaluation committees that applied to those who did not meet the legal requirement of having a minimum of eight of qualification in the bachelor’s degree.
The candidates who were voted for 13% of the electoral roll, were selected and insaculated after a process that could leave out the best candidates, to open the door only to those who keep some interest.
Judicial career, sign of certainty
Let’s talk about the judicial career and the specialization system that was left behind, where the training, preparation and experience of any lawyer who intended to be a judge, was enhanced.
To be a judge in principle, a vocation of service, instruction or preparation and obviously experience is required. Here even those who could have obtained an irregular way, but that in one way or another had a judicial career, which allows them to have the vocation of a judge.
The relevance of having this experience is because the judiciary protects our most elementary human rights such as life, freedom, work and our heritage; So leaving these values in the hands of chance, seems not to be the best of ideas.
Indeed, the previous judicial system was not the best, it was certainly perfectible, but it was a system in which this specialization made the difference between the world of duty, this being its banner.
It is important to remember that, at present, having Mexico at the center of commercial care for its proximity to the United States, an environment that generates certainty and legal certainty for Mexicans and foreigners who decide to undertake and produce in the country is required.
Perhaps by changing all the rules of coup we are moving away from the certainty that the referees that will resolve controversies in specialized technical sectors should resolve.
And we are generating insecurity about the rules that can govern an investment decision, at a strategic moment where world uncertainty demands a sign of stability and trust.
Perhaps it is in this context of changes in the judicial system, when it would be relevant to promote the creation of courts and courts specialized in commercial or economic competence.
Courts that guarantee the security that companies and capital are protected by law and by a solid, impartial, fair and colored judiciary.
A judicial system without ideologies that would grant to each one what corresponds to him according to the law and justice.
Let’s go back to the beginning. The justice written thus, with capital letters, is represented by the Greek goddess Temis. She is a woman with a half -eye bandage discovering, supporting a balance and a sword; The bandage is the equanimity, the balance is balance or justice, and the sword is repression.
Hopefully the new composition of the Judiciary, which will enter into functions in two months, have these concepts very clear.
*The author is a specialist in Labor and Administrative Law, UNAM
