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Court Chief and President Reject Retroactive Amparo Clause as Reform Heads to Deputies

The lower house faces pressure to remove the retroactive provision, with the Supreme Court signaling it would strike it down if Congress leaves it intact.

Overview

  • Mexico’s Senate approved the amparo overhaul 76–39 and added a transitory clause applying the new rules to cases already in progress, triggering a constitutional dispute over retroactivity.
  • President Claudia Sheinbaum said the Constitution bars retroactive laws and urged deputies to fix the clause, stressing her original initiative did not include it.
  • Supreme Court President Hugo Aguilar Ortiz called the reform necessary to streamline a bureaucratized process but said the retroactive transitory “has to be adjusted” and the Court would correct it if not.
  • Business groups including Concamin, Coparmex and the CCE warned the package could erode legal certainty and deter investment, citing retroactivity and stricter limits on suspensions.
  • As of Friday evening, the Chamber of Deputies had not received the Senate’s minuta; Morena leaders said the Justice Commission will review it and outlined changes such as online amparo, clarified legitimate interest, sanctions for noncompliance, and tighter suspensions in fiscal and financial cases including UIF account freezes.