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Senate Stalls Amparo Overhaul as Deputies Signal Move to Remove Retroactivity

Ricardo Monreal projects an eight to ten day review to revise the contested transitory once the corrected draft reaches the Chamber of Deputies.

Overview

  • The Senate has held back transmission of the approved draft to San Lázaro while legislative staff correct drafting and technical errors identified in the text.
  • Monreal, who leads Morena in the lower house, said the Justice Commission will likely suppress or modify the clause that would apply the reform to cases already in progress.
  • President Claudia Sheinbaum and jurists including Arturo Zaldívar criticized retroactivity as unconstitutional, and the Senate’s presiding officer said adjustments will be needed in Deputies.
  • The package also advances digital filing for amparos, allows individual or collective actions with real and current injury, extends indirect amparo ruling deadlines to 90 days, and narrows suspensions in areas such as money laundering, terrorism financing, activities without concession and public debt.
  • Senators have floated using a fe de erratas, a move viewed as improper for substantive changes, while civil-society groups warn that curbing suspensions and retroactive application could undermine legal certainty and rights protection.