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Mexico: New Amparo Law is Enacted

(Apr. 30, 2013) On April 2, 2013, the Mexican Executive Branch officially published a Decree in the Diario Oficial of the Federation (the official gazette) promulgating the Amparo Law, which regulates articles 103 and 107 of the Constituton. The Decree repealed the Amparo Law that had been published in the Diario Oficial on January 10, 1936. (Decreto por el que se Expide la Ley de Amparo, Reglamentaria de los Artículos 103 y 107 de la Constitución de los Estados Unidos Mexicanos, DIARIO OFICIAL (Apr. 2, 2013).)

Amparo, is an extraordinary constitutional appeal, which may be filed in federal court, by Mexicans and by foreigners. It is often referred to as a “constitutional protection lawsuit,” which is basically governed by articles 103 and 107 of the Federal Constitution. The amparo proceedings may be used for several purposes: 1) as a defense of the individual guarantees provided in the Constitution; 2) against unconstitutional laws; 3) to review the legality of judicial decisions; 4) against final administrative decisions, awards, and resolutions affecting private parties; or 5) to protect communal right of an agrarian nature. (<?Id.)

President Enrique Peña Nieto explained that this new legislation provides for the Supreme Court of Justice to remove and prosecute any authority that does not comply with an amparo judgment. In addition, international treaties on human rights to which Mexico is a party will be subject to protection. (Francisco Reséndiz, Peña Nieto Promulga Nueva Ley de Amparo, EL UNIVERSAL (Apr. 2, 2013).)

Moreover, the new Law gives the exceptional power to the Executive and Legislative branches to ask the Supreme Court of Justice to give priority in deciding to law suits on unconstitutional matters, constitutional controversies, and amparo appeals, when there is an urgency to do so due to social interest or to maintain public order. (Id.)

Presidente Peña Nieto highlighted that the new Law will expedite the resolution of amparo lawsuits and strengthen the judiciary. The new Law was debated in Congress for more than two years. President Peña Nieto signed it, in a ceremony held at the receptions hall of the National Palace, which was attended by the leader of the Senate, Ernesto Cordero, and the President of the Supreme Court of Justice, Juán Silva Meza. (Id.)