• 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.” It is the one that is most important and affects people most, he said.
• The reforms are the result of the Dialogs for Everyday Justice organized by the government, the Center for Economic Research and Teaching (CIDE), and the UNAM Institute for Legal Research, he said.
• 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 bills submitted today include, among other things, a structural change to our model of labor justice to ensure better protection of workers’ rights, he said.
President Enrique Peña Nieto today signed and submitted to Congress a 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 reforms in everyday justice, “Which confirm our commitment to building a better, fairer and more equitable country, which will guarantee everyone access to justice.”
“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 across the board,” he said.
The president declared that these reforms are the result of the Dialogs for Everyday Justice organized by the government, the Center for Economic Research and Teaching (CIDE), and the UNAM Institute for Legal Research.
“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,” he said.
He declared that these Dialogues 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.
President Peña Nieto explained that, 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.”
To give some idea of its importance, he added, “Suffice it to note that it involves nearly 90 percent of the disputes submitted to the judiciaries of our country. Apart from the thousands of proceedings with labor and administrative courts and tribunals.”
“It is the kind of justice demanded by workers, neighbors, mothers and fathers, the kind experienced in schools and which creates the greatest frustration when left unresolved.” Everyday Justice makes a difference in the daily lives of Mexicans,” he said.
This means that Everyday Justice, “Is what matters most to people and affects them most. Hence the relevance of these dialogues, which have resulted in proposals that we in the government have taken up to act on the matter,” he explained.
The president noted that "Mexicans are demanding simple solutions and practices, commensurate with their pace of modern life; They want an efficient justice system that resolves issues and delivers results; they want a fair, equal system.”
He said that, “Today we began to implement the solutions worked on in the Dialogs for Everyday Justice.” The proposed changes include the following:
• Create, 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,” he declared.
• Strengthen the independence of the local judiciary powers and their administrative, monitoring and sanctioning bodies. Efforts will be made to appoint judges and magistrates on the basis of their knowledge and experience to improve the quality of justice they provide.
• We want the authorities to prioritize the resolution of the underlying conflicts, preventing formalities or legal technicalities from delaying or denying justice to Mexicans.
• The aim is to create 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. It is not acceptable, for example, for a mother to take years to obtain custody of her child or child support,” he said.
• The aim is also to extend the application of oral justice to the commercial field so that all commercial matters are resolved quickly and transparently.
• We want to encourage most conflicts to be resolved without going to trial. To this end, a General Law on Alternative Means of Conflict Resolution will be established.
"In short, we want to get past the saying: A bad settlement is better than a good lawsuit. The aim is to reach a good settlement without a lawsuit. That is what is proposed in what we are presenting today,” he said.
The president explained that Everyday Justice also means resolving neighborhood problems, traffic incidents or disputes that arise in day to day coexistence. For that reason, he said, “We must have a General Law of Civic Justice so that these conflicts can be resolved in a day rather than weeks or months.”
He added that, “An Itinerant General Law of Justice is proposed to enable justice to reach all of Mexico, no matter how small or inaccessible a community may be, and ensure that justice is at the service of those who need it most.
He explained that, “The point is to provide Justice Caravans to prevent many people in remote, in accessible parts of the country, regardless of the distance, from having to spend money to seek justice where it is administered.” Let justice go to those communities, he continued, “So that the problems they have can be resolved immediately, in those small, inaccessible places.”
President Peña Nieto said that the set of initiatives presented today, “Also contemplates a structural change to our model of labor justice, to provide better protection for workers’ rights.”
“Labor justice has evolved and now requires specialized knowledge. To this end, we propose the creation of modern conciliation bodies so that conflicts can be resolved amicably. It is also proposed that labor justice be the responsibility of independent judiciaries,” he explained.
He noted that the Everyday Justice should also serve to facilitate people’s everyday lives, and to this end, "A national framework is proposed for regulatory improvement that will make it possible to have swifter, simpler government procedures.”
“The aim is to reduce the authorities’ margins for discretion and thus reduce the scope for corruption,” he explained.
The president also signed a bill, “To standardize the operation of civil registries, so that, among other benefits, you will be able to obtain your birth or marriage certificate via the Internet, regardless of where you are.” This, he explained, “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.”
"In short, with all these proposals, we are promoting a structural transformation of justice in people’s everyday spheres,” he declared.
The president thanked all the participants in the Dialogs for Everyday Justice. “I appreciate your willingness to share your time, work, experience and ideas on this important matter,” he said.
In the event, held at the National Palace, President Peña Nieto signed the constitutional reform bills to create the National System of Law Enforcement; Alternative Conflict Resolution Mechanisms; Itinerant Civic Justice, Underlying Conflict Resolution; Litigation, Civil and Family Matters; Civil Registers; the National System of Regulatory Improvement; and Labor Law.
He also signed bills to reform the Commercial Code on Commercial Oral Trials; the Federal Labor Law on labor Justice; and the General Health Law to Strengthen the National Medical Arbitration Commission.
In addition, he signed the bill for the General Law to Harmonize and Standardize the Public Registers of Property, Corporate Entities and Land Registers; and the Decree for Conflict Resolution between the Federal Government and individuals.
TRANSFORMING JUSTICE MEANS TRANSFORMING THE CONSTITUTIONAL STATE AND ENFORCING RIGHTS AND IS ONE OF THE BEST MEANS OF COMBATING IMPUNITY: CIDE
Director General of the Center for Economic Research and Teaching (CIDE), Sergio López Ayllón, said that, “Transforming justice involves transforming the foundations of the constitutional state and enforcing rights, and is one of the best means of combating impunity.”
He said that, “This year may mark the beginning of a long-term state policy that should turn Mexico into a country where every citizen, regardless of his or her status, has equal access to prompt, expeditious justice, as enshrined in our Constitution.”
He noted that in keeping with the idea of developing a public policy of access to justice with everyone’s participation, the president, accompanied by the UNAM Institute for Legal Research, and the CIDE itself, organized the Dialogs for Everyday Justice.
"It was an exercise in inclusive, constructive dialogue which served to listen to views and proposals, build consensus and respect dissent. The result of this exercise was reflected in a document containing the findings and specific proposals.” "We are now gathered here," he said, "to see how the government will respond to this enormous collective effort.”
WE WANT FAIR JUSTICE THAT WILL BE APPLIED ACROSS THE BOARD: EDGAR ELÍAS AZAR
Edgar Elías Azar, President of the Supreme Court of Justice and the Judicial Council of the City of Mexico, and President of the National Commission of Mexican Supreme Courts of Justice of (CONATRIB), declared, in the presence of President Enrique Peña Nieto, that the courts of the states are "absolutely committed to the justice for the people you encouraged.”
“Like you, we want justice that is applied across the board,” he said.
He hailed the congratulation of CONATRIB on its participation in the Dialogs for Everyday Justice, because, he said, “We have received it from the hands of a fair president" and said that, "For the first time in many decades, the president is addressing this sensitive problem that has now stirred the consciences of all the judges of the country.”
He considered it necessary to continue the work that will create a new, more effective federalism and encourage all state governments to walk in the same direction and at the same rate because, he said, “We cannot have first-class justice in some states and second-class justice in others.”
He declared that the plurality of participants and the diversity of the ideas raised in the Dialogs for Everyday Justice, “Resulted in the most viable solution for bringing everyday justice to the people that concern you, that everyday justice, which Mexican society so requires.”
He explained that for CONATRIB, this was an unprecedented exercise because, “Local courts have not participated so actively in a process like this in living memory.” You took us into account; you asked us for an opinion. You understand that although we are the recipients of judicial public policies, we had hardly ever taken part in them.”