Background on the Controversy
In Mexico, President Claudia Sheinbaum Pardo has proposed reforms to secondary legislation concerning amparo, a legal mechanism that protects citizens’ rights. One of the most debated aspects is the concept of “legitimate interest,” which allows individuals or groups without a subjective right to seek amparo due to their particular or distinct position regarding the contested act.
Who is Fabiana Estrada Tena?
Fabiana Estrada Tena, a former federal judge, has been instrumental in explaining the nuances of this proposed reform. She emphasizes that legitimate interest is an essential aspect of amparo access, protecting individuals or groups who may not hold a subjective right but are affected by the contested act in a unique way.
The Presidential Proposal
Estrada Tena clarifies that the legitimate interest is defined in the Constitution as an individual or collective interest alleging that a public power norm or act violates rights, affecting the petitioner’s legal sphere directly or due to their special position relative to the legal order.
Experts’ Concerns and Proposed Modifications
Despite the proposal’s complexity, Estrada Tena believes it focuses on two crucial elements: the existence of a distinct harm compared to the rest of society and the potential for concrete benefits from granting amparo.
To prevent overly restrictive interpretations, she suggests amending the proposal to include the following in Article 5 of the Amparo Law:
“Regarding legitimate interest, the contested norm, act, or omission must cause real and distinguishable individual or collective harm to the complainant compared to other people, ensuring that its annulation results in a certain and not merely hypothetical or eventual benefit if amparo is granted.”
This revision, according to Estrada Tena, sufficiently distinguishes legitimate interest from simple interest by requiring both a legal harm and a concrete benefit resulting from the court’s decision.
Opposition to Proposed Changes
José Ángel Santiago Ábrego, president of the National Association of Business Lawyers (ANADE), opposes Sheinbaum Pardo’s proposed changes. He argues that these alterations undermine the progress made so far in amparo matters.
Fast-Track Process for the Reform
The Junta de Coordinación Política (JCP) of the Senate, led by Adán Augusto López Hernández (Morena), has decided to expedite the presidential reform proposals concerning the Amparo Law, the Federal Tax Code, and the Organic Law of the Federal Administrative Court. These reforms will be debated in committees today and tomorrow, with a vote by the full chamber in the regular session scheduled for tomorrow.
Key Questions and Answers
- What is the controversy about? The debate revolves around the proposed changes to the legitimate interest aspect of amparo, which allows individuals or groups without subjective rights to seek legal protection due to their unique position regarding a contested act.
- Who is Fabiana Estrada Tena? Fabiana Estrada Tena is a former federal judge who has explained the proposed reform’s complexities and emphasized the importance of legitimate interest in amparo access.
- What concerns do experts have about the presidential proposal? Experts, including Estrada Tena, worry that the proposed changes may lead to overly restrictive interpretations of legitimate interest. They suggest amending the proposal to ensure it remains consistent with constitutional protections.
- Why is José Ángel Santiago Ábrego opposed to the changes? Santiago Ábrego, president of ANADE, believes the proposed alterations will reverse the progress made in amparo matters.
- What is the timeline for the reform process? The JCP has decided to expedite the process, with committee debates today and tomorrow, followed by a full chamber vote in the regular session scheduled for tomorrow.
