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Sheinbaum Government Presses Deputies to Clarify Amparo Reform, Rejecting Retroactivity

Deputies will now decide whether to adopt the Presidency’s clarifying language to bar retroactive effects.

Overview

  • The Senate approved the overhaul with Morena and allies and sent it to the Chamber of Deputies after a late transitory was read as applying new rules to ongoing amparo cases.
  • President Claudia Sheinbaum said the Executive’s original initiative did not include the disputed clause and urged strict adherence to the Constitution’s ban on retroactivity.
  • Arturo Zaldívar proposed three edits to the transitory to ensure prospective application: define the law as procedural, protect rights from concluded stages, and apply new rules only to future acts.
  • Internal divisions surfaced as commission presidents Javier Corral and Enrique Inzunza, among others, distanced themselves from the retroactivity language during the Senate’s particular vote.
  • The SCJN president and legal and business groups warned that a retroactive reading would be unconstitutional and would unsettle suspensions and other rights in current cases.