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

Gonzalez Calvillo, April 25th 2024 – On April 24th, 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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For almost four decades, González Calvillo has challenged the standards and rewritten the full-service firm model with a solution-oriented approach, evolving the practice of law in Mexico. Our firm is driven by the commitment to doing things differently, having a deep knowledge of the Mexican legal ecosystem, and our behaviour and interaction with today’s globalised business environment. That is how over 150 people between partners, counsel, associates, and other business professionals are responsible for making González Calvillo one of Mexico’s leading law firms. Our firm’s services are designed to help clients solve their most complex and challenging legal issues, finding the best solution for each case. By understanding clients’ business culture and strategy, González Calvillo establishes a close and strategic alliance that enables them to achieve more. For more information, please visit www.gcsc.com.mx.

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