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Senate Approves Amparo Overhaul as Lower House Challenges Retroactivity

Morena leaders in the lower house signal they will remove the retroactivity clause.

Overview

  • The Senate passed reforms to the Ley de Amparo after a late insertion that would apply the new rules to ongoing cases, triggering constitutional objections.
  • President Claudia Sheinbaum distanced herself from the transitory and emphasized that laws cannot be retroactive in detriment of individuals under Article 14.
  • Morena coordinator Ricardo Monreal ruled out a fast track, said deputies will give “congruence to the Constitution,” and indicated the transitory will likely be rewritten.
  • Chamber president Kenia López Rabadán pledged an open debate and said she would vote against the Senate draft if it reaches the floor unchanged.
  • The package tightens the ‘legitimate interest’ test and narrows provisional suspensions in cases like money laundering, terrorism financing, activities without concession and public debt, drawing support from anti-evasion advocates and warnings from rights groups; experts are split on the retroactivity issue.