Mexico City. — New initiatives to reform the Amparo Law have
been introduced in the Mexican Congress, sparking public debate over their
potential impact on access to justice and the defense of human rights in
Mexico.
According to opposition legislators and constitutional law
experts, the proposals seek to limit the scope of suspensions granted by amparo
judges, which in practice could restrict the ability of citizens and civil
society organizations to stop acts of authority that violate the Constitution.
Although the rulings are still under discussion in
committees, it has been revealed that the main points of the reform include:
- Restricting provisional and definitive suspensions in
cases where laws of general interest are challenged, with the argument of preventing
a single citizen from blocking entire public policies.
- Exclude certain administrative and legislative acts from
the amparo process, which would limit the situations in which judges can
intervene.
- Reduce the duration of suspensions, with the intention of
ensuring that amparo proceedings do not delay infrastructure projects or
reforms considered "strategic" by the Executive.
The initiative's proponents, primarily legislators aligned
with the ruling party and its allies, argue that the current Amparo Law
"has been abused" by individuals and companies to block decisions of
public interest, such as large-scale public works projects, energy reforms, or
social programs.
The proposal has drawn strong criticism from legal experts,
academics, and civil society organizations, who warn that limiting the scope of
the amparo law would weaken one of the most important tools for defending
individual rights in Mexico.
Constitutional lawyer Diego Valadés noted that the reform,
if approved as it stands, would represent "a historic setback" by
leaving citizens more vulnerable to potential abuses of public power. For their
part, organizations such as Article 19 and the Miguel Agustín Pro Juárez Human
Rights Center warned that the measure could affect not only business owners but
also indigenous communities, environmentalists, and ordinary citizens who
resort to amparo to stop violations of their rights.
The amparo trial has been considered one of the pillars of
Mexican constitutionalism since the 19th century. Created in 1847 by Manuel
Crescencio Rejón and perfected by Mariano Otero, this mechanism has
historically served to allow anyone to defend themselves against arbitrary acts
of authority and guarantee the supremacy of the Constitution.
Limiting its scope, critics point out, would open the door
to a scenario in which political power would have fewer judicial checks and
balances, thus weakening the balance between powers.
The initiatives were referred to the Justice and
Constitutional Affairs committees, where intense discussion is anticipated or
expected in the coming weeks. Meanwhile, opposition parties have announced that
they will oppose "with all legal and parliamentary tools" what they
consider an attempt to "silence judges and leave citizens
defenseless."
If the reform advances in Congress, experts anticipate that
it could reach the Supreme Court of Justice of the Nation (SCJN), where its
constitutionality and real scope would be determined. However, considering that
this highest court is currently mandated by the current Mexican president, it
would advance even if it would be detrimental to citizens.

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