He Senate of Mexico approved this Wednesday, April 17, the reform to the Protection Law that prohibits suspensions with general effects against laws, that is, so that judges do not stop works or regulations as a precautionary measure before possible human rights violations.
With 69 votes in favor, 42 against and zero abstentions, the reform voted was in articles 129 and 148 of the Amparo Law, which limits judges from granting provisional or definitive suspensions with general effects when they hear about amparos against laws. issued by the Mexican Congress or state Congresses.
The approved opinion highlights that this is a measure that will ensure “unrestricted respect for the separation of powers” and, fundamentally, the principle of presumption of constitutionality of laws.
It is also emphasized that the amparo trial is a means of constitutional control against acts issued due to the exercise of power. However, the project states that “it should not be used as a mechanism that limits the actions and function of one Power constituted to the detriment of another.”
Senators from the opposition parties pointed out that the Amparo law seeks to protect the controversial mega-works of President Andrés Manuel López Obrador. While legislators from the ruling party National Regeneration Movement (Morena) questioned judges for stop controversial works such as the Mayan Train or reforms such as the Electrical Industry Law during the presidency of AMLO (2018-2024)in the face of amparo lawsuits filed by groups of environmentalists, indigenous people and businessmen.
Legislation change
The reform, the Senate specified in a statement, adds a last paragraph to article 148 and repeals the last paragraph of article 129 of said order to eliminate the protection, “in those cases that exceptionally granted the suspension, if in its opinion with the refusal of the suspension measure could cause greater harm to the social interest”.
In the discussion, Senator Julen Rementería, from the conservative National Action Party (PAN), presented a motion suspending the opinion with a draft decree, which was rejected by the Plenary with 67 votes against and 43 in favor. The legislator argued that the approval of this reform It is “an abuse”, since it eliminates the possibility that citizens can receive protection from federal justice, regarding any action of the authority that affects them.
When presenting the opinion, the president of the Justice Commission, Senator Olga Sánchez Cordero, stated that the approval of this legislative product reaffirms the commitment that the regulatory laws are in accordance with the Constitution “We are not affecting rights, nor making a regression in guarantees,” he said.
EFE
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