Mexico City, November 5 2024
I. Content of the Reform.
1. Background. On October 25 and 30, 2024, the Chamber of Senators and the Chamber of Deputies discussed, amended and approved the reform initiative («Reform«), respectively, in relation to the amendment of Articles 105 and 107 of the Political Constitution of the United Mexican States («Constitution«), which seeks to avoid constitutional control in reforms to the Constitution.
2. Text added to the Constitution. In this context, the Reform amended Articles 105 and 107 of the Constitution, which provide for the constitutional controversy, action of unconstitutionality and amparo trial, respectively. In this sense, the Reform added various paragraphs to the aforementioned articles, which expressly state the following:
«Constitutional controversies or actions of unconstitutionality whose purpose is to challenge additions or amendments to this Constitution are inadmissible».
«No amparo trials shall proceed against additions or amendments to the Constitution».
3. Second Transitory Article. In addition to the above, the Second Transitory Article establishes that matters in progress must be resolved in accordance with the reform, when sound legislative practice is to apply reforms prospectively and not to pre-existing or ongoing situations. That is, any constitutional controversy, action of unconstitutionality, or amparo proceeding that is in progress and aims to challenge a constitutional reform must be resolved as inadmissible.
4. Comments. Having clarified the above, it should be recalled that the constitutional controversy, the action of unconstitutionality and the amparo trial are those means of challenge available to the general population to challenge, among others, a reform that could be unconstitutional, by violating human rights or having procedural flaws, serving as a counterweight in relation to the division of powers.
This is currently the case with the Judicial Reform, as this reform is being challenged by various sectors of the population, as it is considered unconstitutional, and the Supreme Court will soon decide on the scope of these challenges. In relation to the Second Transitory Article, it is important to highlight that Article 14 of the Constitution prohibits the retroactivity of the law, that is, that a subsequent law – such as the Reform – applies to a previous act.
After the necessary approval was obtained from the Congresses of the States of the Republic, in accordance with the legislative process of constitutional reforms, the Reform was published in the Official Journal of the Federation on October 31, 2024.
The above will impact current and future legal proceedings in which it is necessary to challenge the process of reforms to the Political Constitution that may cause an impact.
The administrative and constitutional law attorneys at Basham, Ringe y Correa, S.C. are available for any questions or comments regarding this matter or any other constitutional issue.
Sincerely,
Adolfo Athié Cervantes
aathie@basham.com.mx
Diana Rangel León
César Augusto Reyes López
Daniela Pineda Robles
