The Employers’ Confederation of the Mexican Republic (Coparmex) warned that the reforms to the Amparo Lawapproved by the Chamber of Deputies, weaken the rule of law and they put justice at risk constitutional of the country.
The approved changes limit access to justice, reduce judicial control over acts of authority and violate the legal security of citizens and companiesaffecting trust in institutions, says the employer body.
He warned that the elimination of protection measures, such as the suspension of the claimed act, could generate serious economic consequences, by leaving companies exposed to arbitrary decisions without effective judicial defense.
He stressed that protection is a human right, not a privilegeand called for dialogue to strengthen institutions, guarantee judicial independence and maintain legal certainty that drives the country’s economic development.
The Senate approves the reforms to the Amparo Law
It should be noted that, on “fast track”, this Wednesday The plenary session of the Senate endorsed and turned over to the Federal Executive the decree of reforms to the Amparo Law, with the modification introduced by the Chamber of Deputies to specify that there will be no retroactive application of the rule.
However, this modification was described by the opposition as a farce because it remains the same and access to justice is limited, which will affect citizens.
Qualified by the opposition as “Law of Helplessness”the reform was generally approved by 83 votes in favor of Morena and its allies and 38 against PRI, PAN and Movimiento Ciudadano.
Coparmex warns about the reform of the Amparo Law
The Coparmex made its position known about the reforms to the Amparo Law in a statement, which says the following:
In the early hours of this Wednesday, the Chamber of Deputies approved the reforms to the Amparo Law. With this, a ruling is maintained that modifies more than 30 articles and that, far from strengthening our legal framework, weakens one of the most important historical pillars of the rule of lawwhich is the amparo trial.
For more than a century, protection has been the most valuable instrument to protect citizens against abuses of power.
It is the greatest legacy of Mexican constitutionalism to the world, a tool that ensures that no authority is above the law, that human rights are effective and that justice does not depend on political will, but on the Constitution.
Modifying this balance without taking into account the opinion of expert jurists and without having carried out a deep technical analysis, as well as extensive deliberation, entails a large institutional risk.
Warning about retroactivity with the Amparo Law
The version approved in the Chamber of Deputies once again puts the focus on the retroactive clause which we had pointed out as a direct threat to the ongoing trials, maintains restrictions that reduce access to justice, limit judicial control over acts of authority and violate the legal security of people and companies.
Among the most delicate provisions, the suspension of the claimed act is restrictedeven in tax matters.
This means a company could face embargoes, digital seal cancellations, or account lockouts. before a judge decides whether the authority acted in accordance with the law.
Furthermore, by requiring that each person or company promote their own protection, Legal costs multiply and courts become saturatedgenerating an unequal system where micro, small and medium-sized companies, which are the heart of the Mexican economy, are at a disadvantage compared to those who can sustain long judicial processes.
We also consider that the new definition of “legitimate interest” is more restrictive.
Under this interpretation, the defense of collective rights is weakened and associations, chambers or schools are prevented from representing common causes.
Thus, if a norm affects society as a whole, only those who promote individual protections will be able to obtain judicial protection, which leaves open the possibility of maintaining unconstitutional norms applicable to the majority.
Coparmex: Protection is not a privilege, it is a right
At Coparmex we clearly affirm that protection is not a privilege. It is a human right enshrined in our Constitution.
Restricting or making it inaccessible is equivalent to weaken the balance between rulers and governedto reduce institutional counterweights and limit the defense of constitutional rights and freedoms.
This reform cannot be seen in isolation. It is part of a series of judicial and electoral changes which, taken together, concentrate power, reduce judicial independence and put the division of powers at risk.
The rule of law cannot be sustained if citizens lose the possibility of defending their rights and freedoms against public power. The impact is not only legal; It is also economical.
Risk for investment and the economy in general
When the law fails to protect with certainty and legality, investment is delayed, employment stagnates and trust is eroded.
Mexico sends a negative message to national and foreign investorsby showing that the rules can change without consensus, that institutions lose independence and that justice is no longer reliable.
In a context where Mexico competes to take advantage of the potential of the T-MEC and nearshoringweakens legal certainty and legality, and is simply taking a step back in competitiveness.
During the legislative process, we actively participated in the open parliament together with expert jurists, academics and representatives of civil society, providing technical arguments and clear evidence about the risks that this reform would imply for constitutional justice and the legal security of the country.
However, Those voices were attended to but they were not heard.
The public deliberation exercise remained a mere procedure, wasting the opportunity to build a truly solid, balanced reform supported by social consensus.
With it, The very essence of democratic and representative dialogue was weakenedwhich should be the basis of any decision that affects the balance of powers and the fundamental rights of Mexicans.
Importance of legal certainty
We reaffirm that economic development and social justice can only flourish in an environment where legal certainty exists.
- Without the rule of law there is no investment.
- Without independent justice there is no democracy.
- And without trust in institutions there is no sustainable future.
The business sector does not seek privileges. What we demand is equality before the law, certainty in the rules and balance in public powers.
We want a Mexico where the government respects the law, where companies can operate without arbitrariness and where citizens have full confidence that justice works.
From Coparmex we have maintained that the hope of this country is civil society organized.
Coparmex will continue defending the amparo trial
For this reason, the 71 Business Centers throughout Mexico sent letters to the Legislators expressing our disagreement and proposing viable technical adjustments.
Our Confederation will continue to participate in all institutional spaces to defend the amparo trial for what it is: an important shield of Mexican freedoms.
Defending the amparo is defending freedom, justice and the future of Mexico.
At Coparmex, together with our 71 Business Centers, we will continue raising our voices on issues that affect citizens, with respect, firmness and conviction.
We will continue working and collaborating with the authorities because we believe that only through dialogue, legality and unity can we build a Mexico with economic development, social justice and dignity for all people.