Spain Implements Major Judicial Reform Focused on Efficiency and ADR; Mexico Debates Changes Amid Crisis of Confidence

Spain is moving forward with a sweeping reform of its judicial system, effective May 2025, prioritizing efficiency and alternative dispute resolution, while Mexico continues to debate urgent changes to combat corruption and procedural slowness.

The month of May 2025 marks a milestone in the evolution of judicial systems around the world, with Spain implementing an ambitious procedural and organizational reform, and Mexico immersed in an intense debate about the need to transform its own justice system to restore public trust. These processes reflect a global trend toward greater efficiency and accessibility in the administration of justice.

Organic Law 1/2025, which largely came into force this month, represents a "major reform of the Spanish judicial system." One of the most significant changes in the civil sphere is the requirement to attempt to resolve disputes through appropriate means of dispute resolution (ADR) before resorting to judicial proceedings. This includes mediation, conciliation, and other forms of negotiation, seeking to reduce court congestion and offer faster and more consensual solutions.

The reform also introduces the concept of "abuse of the public service of justice," which will be considered when imposing costs, sanctioning those who unjustifiably refuse mandatory MASC. Other procedural changes include streamlining oral trials, allowing judges to issue oral rulings, and modifications to eviction and cost assessment procedures.

At the organizational level, single-judge courts are being replaced by lower courts (collegiate bodies), and magistrate courts are evolving into modern municipal justice offices, with greater use of technology. The goal is clear: a more efficient, modern, and citizen-friendly administration of justice.

In contrast, Mexico faces a situation where public perceptions of the justice system are critical. Recent studies and analyses point to serious problems such as corruption (perceived by 70.3% of the population), injustice (42.9%), inequality, and slowness in the process, with procedures such as direct amparos in criminal matters taking an average of 294 to 673 days to resolve.

The Supreme Court of Justice of the Nation (SCJN) is accused of obstructing the application of general laws through arbitrary suspensions, which, according to critics, violates the separation of powers and the popular will represented in Congress. The reform proposals under discussion seek greater transparency, efficiency, and accountability. Among them, it is proposed to establish maximum time limits for issuing sentences (four months for crimes with a sentence of less than two years, one year for longer sentences) and to prohibit amparo rulings that rule on the unconstitutionality of a law from having general effect.

At the same time, the Supreme Court of Justice (SCJN) has issued significant rulings on human rights, such as declaring discriminatory social security requirements based on gender stereotypes unconstitutional and affirming the right to freedom of association for bar associations. It has also reiterated the State's obligation to recognize and guarantee the work of women searching for missing persons.

"The publicity [of hearings] may only be restricted for reasons of national security, public safety, protection of victims, witnesses and minors..." — Principle of Publicity in the Mexican accusatory criminal system, reflecting the need for transparency.

The Spanish experience, with its emphasis on the ADR (Compensation for Minors) and procedural streamlining, could offer valuable lessons for countries like Mexico. The quest for efficiency is a constant, but so is the challenge of maintaining judicial independence while ensuring accountability and combating corruption.

The signing of international agreements, such as the recent one between the US and China for trade consultations in Switzerland, also illustrates how alternative mechanisms for resolving complex disputes, even at the level of global powers, are being sought outside of traditional judicial systems.

The transformation of judicial systems is a continuous and complex process, vital to the rule of law and citizen confidence in institutions.

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