Key takeaways

The Reform ratifies the amparo relativity principle, meaning that judgments will only benefit the individuals who request the constitutional protection. In line with this, it is reinforced that the amparo will not have general effects, even if the norm was declared unconstitutional for the plaintiff. Likewise, the suspension will not be granted against general norms or laws when requested with general effects, so they are not applied for being considered unconstitutional.

Regarding the general declaration of unconstitutionality, the deadlines and the procedure were modified, since the Supreme Court of Justice of the Nation (SCJN) may issue such declaration if, after two consecutive rulings of amparos on review, the general rule is resolved as unconstitutional. The above, provided that the notification process to the issuing authority has been exhausted and said authority has not implemented the pertinent amendments within 90 calendar days.

The Reform also includes measures aimed at strengthening the protection of human rights. Two or more plaintiffs may jointly file an amparo when they suffer a common affectation of their rights or interests, even if such affectation derives from different acts, if such acts cause them similar harm and come from the same authorities. In addition, the victim or injured party of a crime will have the status of complainant, which broadens access to justice for victims of crimes and guarantees greater protection of their rights.

In depth

• The number of votes required for the SCJN's decisions to be binding for all jurisdictional authorities is reduced from eight to six in cases where the law is established by precedent or by the declaration of unconstitutionality of a general rule.
• The Chambers of the Congress of the Union and the Federal Executive Branch will keep the power to request the SCJN that an amparo proceeding be processed and resolved as a matter of priority in cases of urgency, taking into account the social interest or public order.
• The amparo proceedings are modified, since the promotions may be oral in hearings, notifications, and appearances authorized by law. The procedure allows the filing of briefs in printed or electronic form, using the Electronic Signature, in accordance with the regulation issued by the Judicial Administration Body.
• The Reform implements new provisions to improve the efficiency and transparency of the Amparo system through document digitalization and information technology implementation.
• The articles referring to the Federal Judiciary Council are adjusted, replacing them with the new judicial bodies, which are the Judicial Discipline Court and the Judicial Administration Body. The amparo trial will not proceed against acts of the Judicial Administration Body and the Judicial Discipline Court.
• References to the Federal Code of Civil Procedures are replaced by the National Code of Civil and Family Procedures.
• The provisions mentioning the Federal District are replaced by Mexico City.
• The term "minimum salary" is replaced by "Unidad de Medida y Actualización" with respect to the fines established in the Amparo Law.

Transition Dispositions

The Reform became effective the day after its publication in the Federal Official Gazette. Until 1 September 2025, when the elected Justices will be sworn in, the SCJN will follow the voting rules of the Amparo Law in effect prior to the publication of the Reform. This implies that the decisions of the SCJN plenary will be binding precedents for all jurisdictional authorities when made by a majority of eight votes.

Likewise, the SCJN plenary will require approval by a majority of at least eight votes to issue a general declaration of unconstitutionality.

These rules will be applicable in the resolution of all matters admitted or pending resolution at the time of the Reform's entry into force, regardless of the stage in which such matters are. They will also apply to matters that are admitted subsequently, before the aforementioned swearing-in.

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For more information and to discuss what this development could mean for you, please get in touch with the Baker McKenzie contacts provided above.