Deputies Correct the Course of the Reform of the Amparo Law
The United Commissions of Justice and Finance and Public Credit of the Chamber of Deputies have taken a crucial step in the legislative process by preparing a prediction that substantially amends the modification sent by the Senate of the Republic. This document, to which this newspaper had access, has the primary objective of eliminating the retroactivity that had been incorporated in the transitional articles of the reform of the Amparo Law, thus restoring the essence of the original initiative presented by President Claudia Sheinbaum.
The central amendment is located in the first transitional article. The Senate version established that all matters in process at the time of the entry into force of the decree would continue their process until their final resolution under the new provisions. This wording implied applying the new law to judicial proceedings already initiated, which constitutes a retroactive application, a figure generally prohibited in the Mexican legal order when it affects acquired rights or consolidated legal situations.
Technical Accuracy and Adjustments in Transitory Items
The prediction of the deputies makes a meticulous correction. Instead of the controversial transitional one, two new ones are integrated. The second transitional generically establishes the repeal of all provisions that oppose this decree, a standard clause in legislative technique. The third transitional period, which is the one with the greatest technical relevance, specifies: “The matters that are in process at the entry into force of this Decree will continue to be processed until their final resolution in accordance with the applicable provisions in force at its beginning.”
This seemingly subtle change has profound implications. It guarantees the principle of legal certainty by ensuring that each amparo trial is governed by the regulations that were in force when the lawsuit was filed. This avoids the insecurity and harm that would be generated by changing the rules of the procedure in the middle of it, protecting the legitimate expectations of the parties involved.
In this regard, deputy Julio César Moreno, president of the Justice Commission, acting in his role as legislative expert, explained that the new prediction seeks to “compensate” the initial proposal of the federal Executive. “It was approved to put for consideration an opinion, which is an opinion of the departure of united commissions, in which we are practically compensating for the initial proposal of the President of the Republic where we are resuming respect for the Constitution and above all the retroactivity that had been distorted in a transitional period,” indicated the legislator.
Criticism of the Original Modification and Reviewing Chamber Function
Moreno was emphatic in criticizing the original wording from the Upper House. The legislator pointed out that “someone in the Senate had the idea of putting a wording in it where it contradicts our federal Constitution.” This statement underlines the perception that the modification introduced was not only inconvenient, but potentially unconstitutional, by violating guiding principles of the Mexican legal system that protect the governed from the retroactive application of the law to their detriment.
The deputy president of Justice recalled the constitutional role of the Chamber of Deputies as a “reviewing chamber” in this legislative process. This power grants it the power to analyze, and if necessary modify, the reforms received from the Senate. This mechanism of checks and balances within the Legislative Branch itself demonstrated its effectiveness in this case, allowing a technical-legal error of considerable magnitude to be rectified. The declared objective was to return the original wording to the proposal of the head of the Executive, eliminating the element of retroactivity that had been inserted.
“The new opinion will remain as it began, that is what I am referring to is the retroactivity of the Law, that has already been removed; of which I insist that someone very witty in the Senate… and here we come to amend the plan“, stated Moreno, making the position of the lower house clear.
For his part, Morena’s parliamentary coordinator, Ricardo Monreal, provided the estimated procedural deadlines for the final approval of this regulation. Monreal considered that the discussion and approval of the reform of the Amparo Law will begin next week. Its projection indicates that the opinion will be endorsed in the ruling committees on Friday, October 17, to later be submitted to the consideration of the plenary of the Chamber of Deputies on Tuesday, October 21 or Wednesday, October 22.
“The Amparo Law the route it will follow is the following, yesterday two ruling commissions were already in turn, the Justice and the Treasury, they will rule next Monday. And they will leave the discussion open to accept observations, modification proposals so that on Friday we will be able to vote on the ruling and we would pass it to the Plenary on Tuesday or Wednesday of next week,” concluded the coordinator.
This process highlights the complexity of legislative work and the importance of technical precision in drafting laws. The rectification carried out by the deputies not only seeks to align the reform with the original will of the Executive, but, fundamentally, to guarantee its constitutional coherence and its adherence to the fundamental principles of law, such as the non-retroactivity of laws and legal certainty. The correct application of these principles is the backbone of a rule of law, ensuring that the rules are applied in a predictable and fair manner for all citizens. The outcome of this process in the plenary session will be decisive for the future of this important legal defense tool in Mexico.
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