President Enrique Peña Nieto signed and submitted to Congress the first package of eight constitutional reform bills, three legal reform bills and the proposal of a new General Law, as well as an administrative decree, which form part of the Everyday Justice reforms.
“Unlike penal justice, Everyday Justice is the kind we experience every day in our day to day dealings, which facilitates social peace and harmonious coexistence.”
“Everyday Justice is demanded by workers, neighbors, mothers and fathers, the kind experienced in schools, which creates the greatest frustration when left unresolved.”
“Everyday Justice also means to resolving neighborhood problems, traffic incidents or disputes that arise in day to day living.”
The Dialogues for Justice channel the aspirations and demands of Mexicans. Organized by the government, the CIDE and the UNAM Institute for Legal Research, they involved more than 200 experts from 26 institutions, including representatives of civil society, researchers, academics and lawyers; as well as members of autonomous bodies and the legislative, executive and judicial branches.
This democratic, pluralistic and transparent exercise focused on identifying the main problems and challenges of justice in the country; but above all, on defining solutions.
“The aim is to have a Mexico where there is justice, which, in addition to being prompt, expeditious and impartial, must also be effective. Justice should be an everyday reality and be applied equally across the board.”
The proposed changes include the following:
1. Creating, at the constitutional level, a National System of Law Enforcement, which will permit greater coordination between the judicial branches and other organs of the Mexican State that administer justice.
For example, greater coordination and the adoption of common technology platforms will make online trials a reality and facilitate access to justice from any computer or mobile device.
2. Strengthening the independence of the local judiciary powers and its administrative, monitoring and sanctioning bodies. Striving to ensure that judges and magistrates are appointed on the basis of their knowledge and experience to improve the quality of the justice they provide. The authorities will be encouraged to prioritize the resolution of the underlying conflict, thereby preventing formalities or legal technicalities from delaying or denying justice to Mexicans.
Creating a National Code of Civil and Family Procedures, to unify the rules in this area across the country, to avoid the disparity in rights, and ensure that the best practices prevail in every state.
4. Extending the application of oral justice in the commercial field so that all commercial matters are resolved quickly and transparently. Encouraging most conflicts to be resolved without going to trial. To this end, a General Law on Alternative Means of Conflict Resolution will be established.
5. Establishing a Civic Justice Act, to solve neighborhood problems, traffic incidents or disputes that arise in daily life, so that these conflicts can be resolved in a day rather than weeks or months.
6. An Itinerant General Law of Justice is proposed to enable justice to reach all of Mexico, no matter how small or inaccessible a community is, and ensure that justice is at the service of those who need it most.
7. The creation of modern instances of reconciliation is proposed to resolve conflicts amicably.
8. It is proposed that Labor Justice be the responsibility of independent judicial branches.
9. Everyday Justice should also serve to facilitate people’s everyday lives. To this end, a national framework for regulatory improvement is proposed, to permit faster, easier government procedures. The aim is to reduce the authorities’ margins for discretion and thus reduce the scope for corruption.
10. Standardizing the operation of civil registries, so that, among other benefits, it will be possible to obtain a birth or marriage certificate via the Internet regardless of where the person concerned is.
This is complemented by the proposal for a new General Law of Public Registries and Land Registers to provide certainty for all Mexicans regarding home and land ownership.
"With these proposals, we are promoting a structural transformation of justice, in people’s closest, most everyday spheres. must also be effective. Justice should be an everyday reality and be applied across the board.”