Reforms to the Amparo Law.

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Mexico City June 19, 2024.

Last Friday, June 14, the Decree amending Articles 129 and 148 of the Amparo Law, which regulates Articles 103 and 107 of the Mexican Constitution regarding the suspension (precautionary measure/injunction) of the challenged act in amparo lawsuit (constitutional action), was published in the Official Gazette of the Federation.

With this reform, the exceptional provision in the last paragraph of Article 129 of the Amparo Law, which allowed a Federal Judge to grant the suspension of the challenged act even in cases where the suspension contravenes public order provisions if denying the suspension could cause greater harm to social interests, was repealed.

Additionally, the new last paragraph of Article 148 of the Law mentioned above explicitly states that in amparo trials challenging a general norm (law or regulations), the suspensions granted will not have general effects in any case.

There is a possibility that an Action of Unconstitutionality may be filed, which could nullify this modification, or that Federal Judges may interpret Article 107 of the Constitution, which still contemplates the eliminated rights. However, this will depend on the specific case and the legal criteria of the judicial body.

Our firm’s constitutional and tax law experts are at your disposal to address any matters related to the above.

Sincerely,