Comments
This amendment repeals the last paragraph of article 129 of the Amparo Law, which established the following: ““The amparo jurisdictional body may exceptionally grant the stay of execution, even when dealing with the cases provided for in this article, if in its judgment the refusal of the stay of execution could cause greater harm to the social interest.”
Likewise, a last paragraph is added to article 148 of the Amparo Law, which specifies the following: “In the case of amparo proceedings that resolve the unconstitutionality of general rules, in no case the stay of executions that are issued will establish general effects”.
With this amendment, it is categorically prohibited for Judges to grant stay of executions with general effects in those amparo trials that resolve the unconstitutionality of general rules, that is, the stay of executions granted can never have a benefit for the community.
We consider that the aforementioned amendment violates the principle of progressivity stated in Article 1st of the Mexican Constitution, since any authority has the obligation to promote, respect, protect and guarantee human rights, precisely in accordance with the aforementioned principle, that is, that human rights cannot decrease, on the contrary, they can only increase, which implies that they progress gradually.
Therefore, both the Federal Executive and the Legislative Branch cannot issue general rules or amendments to our legislation that limit, restrict, eliminate or disregard the scope and protection recognized by several.
Evidently, this amendment serves political interests exclusively and with the sole purpose of not preventing the advancement of legislative acts that imply the creation or development of Federal Government projects extremely questionable, with lack of transparency and with non-accountability, such as, the opening of the Felipe Ángeles International Airport, the “Mayan Train”, the “Dos Bocas Refinery”, the militarization of the National Guard, the breaking of the independence of the electoral authority, etc.
Nevertheless, as the Mexican Supreme Court of Justice has recognized, in accordance with the “control of constitutionality” or “control of conventionality ex officio” that every Judge is obliged to observe and apply, we consider that Judges can continue granting stay of executions to the complainers that participate in a certain market or industry, as well as the rest of the participants who have not filed an amparo lawsuit challenging the rule in question, in order to avoid alterations that benefit certain participants to the detriment of others.
Such is the case, for example, of the unconstitutionality of the amendment to the Electrical Industry Law published in the Official Gazette of the Federation on March 9th, 2021, which favored the generation of electricity generated by the Federal Electricity Commission, since the stay of executions were granted to the complainers of the amparo lawsuits against said amendment and, additionally, to any participant in the electricity market, in order to avoid providing privileges to some to the detriment of other participants.
If you have any questions regarding the foregoing, please do not hesitate to contact us.
Mexico City, June 18th, 2024
