| Legitimate interest (Article 5) | 👥 New Definition: “Legitimate interest” is defined as an interest that involves actual, current harm distinct from that suffered by others, and where the annulment of the act would result in a certain, direct benefit—not merely hypothetical or contingent. ⚖️ What does this mean? Legitimate interest was a concept already defined by case law; however, this new definition could restrict the scope within which groups, communities, or associations were permitted to defend collective rights (environment, health, or territory). |
| Suspension (Sections 128, 129, 137, 138, and 148): | ⏸️ New Requirements The reform stipulates that, in order to obtain a stay, the following requirements must be met: The existence or imminence of the contested act. Demonstrating the petitioner’s interest in obtaining a stay, that is, direct harm to the petitioner. The court must determine that granting the stay does not cause significant harm to the public interest or deprive society of benefits to which it is ordinarily entitled. Appearance of a valid legal claim. That, if the act is carried out, it will cause harm that is difficult to remedy. 🚫 New restrictions Likewise, the circumstances in which an impact on the public interest and public order is presumed are expanded. That is, suspensions may no longer be granted in matters related to money laundering, obtaining financial information, tax evasion, activities without permits or concessions, public debt, among others. 👩⚖️ More changes The list of authorities exempt from granting injunctions for the purposes of the Law is expanded. This now includes public legal entities and officials of the Federal, State, and Municipal Public Administration, funds, mandates, or similar entities, or any public entity regardless of its origin and structure. The constitutional amendment of September 15, 2025, is incorporated, which prohibits granting suspensions with general effects when the unconstitutionality of general regulations is claimed. |
| Enforcement and Execution of Judgments (Article 262): | 📜 Key Change: Criminal liability is removed for authorities when they can demonstrate that compliance is materially or legally impossible. Fines are no longer imposed directly on public officials but are now charged to the responsible agency, which undermines their effectiveness. |
| Streamlining of procedures and electronic case files | ⚡ Toward Modernity All authorities are now required to register on the Online Services Portal and conduct business exclusively through a digital user account. Judges must issue their rulings within a maximum of 60 calendar days following the constitutional hearing. Direct amparo rulings must be published even if the dissenting opinions are not yet ready. |
| Judicial review (Art. 107) | 💰 Limitations on Amparo Proceedings in Tax Matters The admissibility of indirect amparo proceedings is limited when they concern enforcement or collection actions for taxes determined in final assessment decisions. Amparo proceedings may only be filed up until the publication of the auction notice, at which point any violations committed during the proceedings may be raised. |
| Challenge (59 and 60) | 🙅 New Powers for Judges The court may dismiss a challenge outright when: (i) it considers that the challenge was filed solely to delay the proceedings; or (ii) it is filed with the aim of preventing a judge from ruling on ancillary issues in the case. |
| Amendment of the complaint (Section 111): | 📝 Rules for Amending a Complaint: The complainant may amend their complaint if new acts of authority arise that are directly related to those already complained of, provided that the complainant was not aware of them prior to filing the complaint. It is expressly stated that an amendment is not permitted outside the cases provided for in Article 111 |
At bgbg, we are at the forefront of key issues in constitutional law. Our team constantly analyzes legal reforms and their impact on the protection of our clients’ fundamental rights. 📩 Contact us: cgonzalez@bgbg.mx jbonequi@bgbg.mx dmajewski@bgbg.mx
