Background on the Supreme Court of Justice of the Nation (SCJN)
The Supreme Court of Justice of the Nation (SCJN) is Mexico’s highest court responsible for interpreting the Constitution and ensuring that all laws comply with it. Composed of 11 ministers appointed by the Senate, the SCJN plays a crucial role in shaping Mexico’s legal landscape.
The Amparo Reform and Its Implications
On March 17, a significant reform to the Amparo law came into effect. The Amparo is a legal mechanism that protects individuals from violations of their constitutional rights. This reform directly addresses the procedure for impediments and recusations in judicial proceedings.
Understanding Impediments and Recusations
An impediment refers to situations where a judge cannot participate in a case due to conflicts of interest or other reasons. A recusation is the act of requesting that a judge recuse themselves from a case due to perceived bias or conflict.
The New Provisions in the Amparo Law
Article 59 of the revised Amparo law now explicitly states that a judge will dismiss outright any recusation request if it aims to prevent them from handling accessory matters or issues unrelated to the core of the dispute. This provision aims to streamline judicial proceedings by eliminating unnecessary delays caused by recusation requests for accessory matters.
SCJN’s Decision on the Contradiction of Criteria
In a recent case (65/2025), the SCJN faced a contradiction of criteria regarding recusation and impediment. Two ministers were targeted to prevent them from participating in an accessory proceeding that did not address the core issue of the case.
Ponente Yasmín Esquivel’s Stance
In her project of sentencing, Minister Yasmín Esquivel declared the matter unfounded. She explained that the recent Amparo law reforms already address the question at hand—whether a recusation for impediment in accessory matters is procedural or not. The answer, according to Esquivel, is no, due to the explicit prohibition of formulating recusations for accessory matters within the new law.
Voting and Retroactivity
The SCJN approved the proposed resolution by a vote of seven to one. Importantly, this decision does not apply retroactively to cases pending before the recent Amparo reforms. The court clarified that any admission of recusation within other potential recusations does not create a legal right, and these cases must be resolved under the current legal framework.
SCJN Jurisprudence on Impediments
Previous SCJN jurisprudence (1a./J. 24/2025) has established that impediment-related recusations for accessory matters are improper. These impediments, as outlined in Article 51 of the Amparo law, aim to maintain judicial impartiality.
Accessory Matters in Amparo Proceedings
In the context of Amparo proceedings, accessory matters refer to procedural issues that arise parallel to the main case without resolving its core. The recent SCJN decision seeks to clarify that recusation for such matters is no longer permissible under the updated Amparo law.
Key Questions and Answers
- What is the SCJN? The Supreme Court of Justice of the Nation, Mexico’s highest court responsible for constitutional interpretation and ensuring laws comply with the Constitution.
- What is the Amparo law? A legal mechanism protecting individuals from constitutional rights violations. Recent reforms address impediment and recusation procedures in judicial proceedings.
- What does the new Amparo law provision mean? Judges will dismiss recusation requests if they aim to prevent participation in accessory matters unrelated to the core dispute.
- What was the SCJN’s decision in case 65/2025? The SCJN declared the matter unfounded, stating that recent Amparo law reforms already address the question of procedural impediments.
- Is this decision retroactive? No, the SCJN decision does not apply to cases pending before the recent Amparo reforms.
