Flash General No 9 – June 2024
On June 14, 2024, the Decree reforming Articles 129 and 148 of the Amparo Law, which regulates the suspension of the challenged act and the unconstitutionality of general norms, was published in the Evening Edition of the Official Gazette of the Federation (“DOF”).
The reform specifically addresses the suspension of the challenged act so that individuals, when filing an Amparo lawsuit, can request a precautionary measure to prevent negative or irreparable effects from the application of the norm while determining the constitutionality of the act in question.
Previously, Judges had the exceptional authority to grant suspensions with general effects when a social interest was proven to be affected, thereby extending Amparo protection and precautionary measures to individuals other than the original petitioner of the Amparo lawsuit.
With this reform, suspensions granted by Judges can no longer have general effects in Amparo cases challenging laws or general norms. This means that the suspension will only apply to the person or persons who filed the Amparo lawsuit.
For further information, you can access the publication through the following link:
https://dof.gob.mx/nota_detalle.php?codigo=5730585&fecha=14/06/2024#gsc.tab=0
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