Background on Claudia Sheinbaum Pardo and Her Role
Claudia Sheinbaum Pardo is the current Head of Government (equivalent to Mayor) of Mexico City and a prominent figure in the Morena political party. As an architect and environmental activist before her political career, she has been instrumental in shaping Mexico City’s policies on sustainability and urban development. Her proposed reform to the Amparo Law has sparked debate among legal experts regarding its implications for citizens’ rights and the balance of power between different branches of government.
Experts’ Concerns About the Proposed Reform
Juvenal Lobato and Gerardo Hurtado, constitutionalist experts from the National Autonomous University of Mexico (UNAM), have expressed concerns about the proposed Amparo Law reform. They argue that the changes are more restrictive than beneficial, with only one positive aspect being the digitalization and modernization of online amparo proceedings that have existed since 2013.
Lobato’s Perspective
Lobato acknowledges the positive step towards regulating online amparo proceedings but is worried about the overall direction of the reform. He believes that strengthening executive power in policy decisions without allowing for their questioning undermines the amparo figure that Mexico has shared with the world.
Hurtado’s Perspective
Hurtado agrees that the proposal regarding electronic amparo proceedings is positive, as it has already been established. However, he argues that the true intent of the reform is to progressively limit the effects of suspending the contested act. This, in turn, restricts the ability to challenge authority through amparo.
Impact on Citizens’ Rights
Both experts are concerned about the reform’s implications for citizens’ rights. Lobato highlights that the amendment is particularly regressive regarding legitimate interest, restrictions on granting suspensions, and the shift in responsibility for fines from individuals to authorities.
Hurtado points out that the reform might inadvertently discourage authorities from complying with amparo rulings, as they may believe that fines will ultimately be imposed on the institution rather than on individuals. This could lead to a decline in upholding court decisions.
Suspension of Accounts and Financial Intelligence Unit (UIF)
The reform also addresses the improper suspension of accounts blocked by the UIF. Lobato and Hurtado are concerned that this measure may unjustly penalize innocent citizens who are not involved in money laundering, placing the burden on authorities to prove the legality of resources instead of investigating potential wrongdoing.
Key Questions and Answers
- What is the main concern of the experts regarding the proposed Amparo Law reform? The experts are concerned that the reform strengthens executive power, limits citizens’ rights to challenge authority, and undermines the amparo figure that Mexico has shared globally.
- How does the reform affect online amparo proceedings? The reform modernizes and digitalizes online amparo proceedings, which have existed since 2013. However, experts argue that this is the only positive aspect of the reform.
- What are the potential consequences of the reform on citizens’ rights? The reform may restrict legitimate interests, impose stricter restrictions on granting suspensions, and shift the responsibility for fines from individuals to authorities, potentially discouraging compliance with court decisions.
- How does the reform impact cases involving UIF-blocked accounts? The reform may unjustly penalize innocent citizens by placing the burden on authorities to prove the legality of resources instead of investigating potential wrongdoing.
