Performance-based evaluation in Mexico's Federal Administrative Justice Tribunal and the Federal Judiciary Power: a comparison
2023,
Luis Bejar,
Casanovas Esquivel, Juan Antonio,
Carlos Alberto Vasquez Villanueva
Mexico, being a Federation, has different levels of jurisdictions, courts and tribunals; many differences exist between courts of different states and between state and federal courts.
This chapter will focus in particular on the analysis of the performance models that regulate two of Mexico’s federal judicial bodies: on the one hand, the Judicial Power of the Federation, responsible for ordinary federal justice, but also playing a role as constitutional judge through the amparo trial; on the other hand, the Federal Tribunal of Administrative Justice, endowed with constitutional autonomy, and responsible for administrative litigation and for disciplinary sanctions against state employees. Both federal judicial bodies have in place a career system for civil servants and judges that also takes into account performance-based evaluation. Yet, the contents and effects of such evaluations are notably different in the two bodies. This is why the chapter provides a comparative analysis of these two models of performance evaluation, looking in particular at the level of the personnel of the courts and tribunals, and at the measurement of statistical results of their performance in the administration of justice. The comparison will open up the question as to whether measuring performances contributes to the improvement of the quality of justice.