Mexico's New Law of 'Amparo' Gives Positive, Necessary Protection to Citizens Miguel Carbonell - Aristegui Noticias
go to original February 13, 2013

MV Note: Literally 'protection', amparo is a legal right granted to citizens in the Mexican Constitution that permits them to appeal to successively higher courts for an order of protection against an action by any level of government that they believe violates their legal rights. It functions much like an injunction in U.S. law to block a government action or to appeal a judicial decision, including a criminal conviction.

The Law of Amparo, which was passed yesterday in the Chamber of Deputies, "is going to put an end to the unethical practices and add clarity where we have seen an abuse of amparo and the domesticated authorities kneeling before the powers that be," declared researcher Miguel Carbonell.
    
The constitutional expert from the Institute of Legal Research at the UNAM spoke on MVS News' first broadcast dealing with Article 129 ... of the new law, which states that no official acts are to be suspended in the face of amparos brought about by concessionaires of the nation's goods [mining and communications (media broadcast bands) concessions] or by licensees of casinos.

The specialist said that the legal concept of amparo has been used by employers as a "wall" to prevent competition. "One cannot permit legalistic practices to be used to prevent competition," he said.

Carbonell explained that the new law does not leave holders of concessions defenseless, but that it changes the form of litigating to prevent them from stretching out legal procedures with the aim of continuing to operate. However, in case that unlawful acts may be taken by the authorities, the State will have to pay for damages to those affected.

The researcher added that this new arrangement is going to accelerate the trials of amparo,which are usually stretched out through the "legal tricks" of the employers' lawyers.

New Law is Positive, Necessary

Regarding other relevant aspects of the new law, Carbonell pointed out the need for new regulations, as the previous law dated back to 1936. Therefore, he believes that the new law is a positive and necessary reform.

Among the advances of the new legislation, he pointed out the inclusion of collective rights and of the general declaration of unconstitutionality, which means that if the Court determines that a law is unconstitutional its resolution has general effects.

In addition, now amparos can be solicited not only for official acts but also for their omissions, and they enforce human rights recognized in international treaties.

"We are facing a very important law that is much more modern compared to what we had," he said.

See Spanish original

Posted by Jane Brundage at Mexico Voices

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