Amparo Law Minute, with “many mistakes”; It still does not reach San Lázaro

Andrea Becerril and Fernando Camacho

La Jornada newspaper
Sunday, October 5, 2025, p. 6

The Senate has not yet sent the Chamber of Deputies the Minute with the modifications to the Amparo Law, it is expected that until tomorrow it to San Lázaro, while in much of the senatorial group of Morena and Allies there is discomfort because they are responsible for having included the transitory article that gave retroactivity to the new provisions on the trial of origin, without considering that there were instructions to approve it in these terms.

The president of the Commission of Legislative Studies, Enrique Inzunza, one of the six legislators of the fourth transformation that the transitory did not vote, commented that he agrees “with the class of law that former minister Arturo Zaldívar taught, a day before”. Everything expressed by the General Coordinator of Policy and Government of the Cabinet of President Claudia Sheinbaum, “can be contemplated in a simple formula”, whose writing he proposed in a meeting last Wednesday of the Guinda group, prior to the commissions meeting.

Retirement magistrate, Inzunza explained that “it is widely explored for any lawyer, and is not said to a judge, that the procedural laws govern stages of a trial or procedure, and therefore its application is not retroactive if they apply to actions that are carried out later in the trial, in which there are no acquired rights but simple expectations of rights.”

He noticed that the reform does not only touch aspects of procedural order, but that aspects of character are also included that can be estimated as “nouns”, with respect to which the prohibition of retroactivity does govern, as the Supreme Court of Justice has resolved for decades.

Its proposal for writing of the transitory article is as follows: “The issues that are in process to the entry into force of this Decree will be substantiated until its final resolution in accordance with the applicable legal provisions.”

“The applicable legal provisions are those prior to the reform, if it is a legal norm that touches substantive issues, and those of the decree of reforms, when dealing with merely procedural norms.” Although there may be cases that are in the limits of the procedural and the noun, the judges have always dealt with that and know how to differentiate, ”although he added, the decision will be made in the Chamber of Deputies.

The project is polishing

Likewise, Senator Javier Corral commented that the proposal presented by Zaldívar “solves the problem of some retroactive interpretation, avoids confusion and attacks the controversy”, but in his opinion it would be unnecessary to add the procedural.

On the other hand, the attitude of members in the upper house of the fourth transformation that voted in favor of reintegrating the first transitory to the law, is angry and even courage, after both the president of the Republic and former Minister Záldivar, asked to modify that point. The complaint is that they did not agree, but they were asked to do so since the coordination headed by Adam Augusto López Hernández, with the argument that it was a request “from above.”

In a unusual way, since the minute was approved from Thursday morning and the instruction from the Plenary was to send it to the Chamber of Deputies – which is usually done hours later – this has not happened. The Coordinator of the Guinda Party, Ricardo Monreal, was waiting for her yesterday, but will arrive until tomorrow.

The Senator of the PRI, Claudia Anaya, a member of the Legislative Studies Commission, said that the delay is due to the fact that she had “many legislative technique errors”, including duplicate words, eliminated articles that did not appear as such and many more. He explained that they are correcting and polishing in the area of ​​parliamentary affairs.

He pointed out that the presidential initiative “was very badly written, which apparently did not do the legal counseling, but another area that does not know of parliamentary technique” and the same must have happened with the transitory “which nobody knows now where it came from and everyone washed their hands.”