On April 2, 2013, there was published in the Federal Official Gazette the new Amparo Law Implementing Articles 103 and 107 of Mexico’s Federal Constitution, thereby repealing the former Amparo Law. Pursuant to the first transitory article, the new Law became effective the day following its publication, that is, April 3, 2013.
It should be noted that petitions for a writ of amparo filed prior to the effective date of the new Law, will continue being processed under the former Amparo Law until final judgment, except that certain procedural matters, such as abandonment and lapsing of the proceedings, and compliance with and enforcement of judgments, will be governed by the new Law.
Some of the most relevant aspects of the new Law are the following:
- Human rights have been added as a matter to be protected in an amparo action, in line with the recent constitutional amendments.
- A “legitimate interest” is now the basis for a petitioner to file an amparo action, thus increasing the possibility of becoming a party thereto and without the need of showing direct damage to any substantive right.
- Actions by private parties may now be contested in an amparo action, provided such actions are tantamount to acts of authority under a statute.
- The electronic filing and processing of an amparo action are now permitted.
- A new type of amparo action, called “amparo adhesivo” (supporting amparo action) has been introduced to create a constitutional appeal to be filed by the respondent to, and to be joined with, another amparo action previously filed by a petitioner to challenge an adverse lower-court decision, the purpose of the new supporting amparo action is either to strengthen and supplement the reasoning used by the lower court in issuing its decision or to object to procedural violations that may adversely affect the merits of the case, but not to dispute the errors alleged by the petitioner.
- A general declaration of unconstitutionality of statutes, except for tax regulations, as well as fast track for amparo actions in urgent cases are now contemplated.
- No stay pending a final decision on an amparo action may be granted, when preventing the government from using or exploiting any federal public property covered by Article 27 of the Mexico’s Federal Constitution.
- Circuit en banc courts [plenos de circuito] have been created and empowered to decide on conflicting opinions issued by courts in their circuits.
The new Amparo Law concludes the implementation of the June 2011 constitutional amendments, which recognized the human rights covered by the international treaties to which Mexico is a member.
To supplement the new Amparo Law, amendments were also introduced to different provisions of the following statutes: the Internal Organizational Law of the Federal Court System [Ley Orgánica del Poder Judicial de la Federación], Law Implementing Article 105, Sections I and II of the Mexico’s Federal Constitution [Ley Reglamentaria de las fracciones I y II, del artículo 105 de la Constitución Política de los Estados Unidos Mexicanos],
Federal Government Organizational Law [Ley Orgánica de la Administración Pública Federal], Internal Organizational Law of Mexico’s Federal Congress [Ley Orgánica del Congreso General de los Estados Unidos Mexicanos] and the Internal Organizational Law of the Federal Attorney General’s Office [Ley Orgánica de la Procuraduría General de la República].