The impact on judicial autonomy
The reduction in salaries and benefits of judges affects the guarantee of judicial independence, established in the Constitution and international treaties, maintains the National Association of Circuit Magistrates and District Judges of the Judicial Branch of the Federation, headed by Judge Juana Fuentes.
“Judicial independence is based on three elements: stability in office, guarantees against external pressures and adequate and immutable remuneration. None of these elements are ornamental. All are essential components so that those who judge can decide matters in accordance with the law, without fear of economic, administrative or political reprisals,” he explained.
However, the organization warned that with the judicial election, and now with a possible cut to its benefits and perceptions, the principles of immobility, stability of position and salary irreducibility.
“A judge whose remuneration can be cut at the will of political power is an exposed, vulnerable, conditioned judge. Reducing his income does not affect only him: it sends an unequivocal message of subordination,” warned Judge Yasmín Murillo Meza.
When salary becomes a form of control, impartiality is no longer a guarantee and becomes a risk.
Yasmín Murillo Meza, judge.
“The protection of judges’ salaries is one of the technical pillars of judicial independence, recognized in international treaties. Reducing it is not austerity, it is a concrete action to complete the submission of judges to political power,” said retired judge Osiris Cedeño.
He defended that with adequate remuneration, perverse incentives such as “pressure, captures, corruption or flight of talent” are reduced.
For Judge Juan Pablo Barrios Oliva, the claims are not a defense of privileges, and he indicated that it is presumed that the cut will also soon be applied to court secretaries and actuaries, which would unduly modify the general working conditions, which should not be unilaterally changed by the employer.
“Defending salary irreducibility is not defending money. It is defending that a judge can say ‘no’ to power without wondering how much it will cost him. When justice begins to depend on the payroll, it stops being independent and becomes obedient,” said lawyer José Mario Meza, who heads Perteneces, a civil association in defense of human rights.
