GC ALERT | Amendments that limit stay measures in the amparo trial

Gonzalez Calvillo, April 25th 2024 – On April 24^th, 2024, the Mexican Congress approved amendments to articles 129 and 148 of the Amparo Law (the “Amendments”). The Amendments will take effect, when published in the Official Gazette.

Article 129 sets out certain cases by which granting an injunction (stay) in an amparo procedure is presumed to affect public order. The Amendments’ approval means the last paragraph of the aforementioned article was eliminated. This provision exceptionally allowed judges to grant stay measures even in those cases, if in their judgment, denying of the stay measure could cause a greater harm to society.

The Amparo Law, like any other regulation, can be challenged for being deemed unconstitutional. Some Congress members have already anticipated they will file a constitutional challenge (acción de inconstitucionalidad) against the Amendments.

At González Calvillo we are prepared to provide the advice you need regarding any issue related to the Amendments.

A summary of the main aspects of the Amendment is set out in our PDF version, consult the complete news by clicking here.

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