Sheinbaum and Zaldívar accused of deliberately lying to those who say that retroactivity is maintained in the reform of the Amparo Law approved in Congress.
Mexico City, October 16 (However).– The President Claudia Sheinbaum Pardo and the Retired Minister Arturo Zaldívarwho serves as Policy and Government Coordinator of the Presidency, pointed out “deliberately lie” to whom they claim what remained the questioned retroactivity in the reform to the Protection Law that Congress endorsed in recent days.
“The reforms to the Amparo Law begin from now on. Retroactivity means to the past. In procedural matters, as they are a series of steps in trials, the previous steps or stages will not be touched, but future stages will be governed by the reforms to the Amparo Law. Here there is no retroactivity, no right of the defendants is affected,” Zaldívar said at the morning press conference. from President Sheinbaum.
“These are the opinions of two retired judges, who I know, who I know are not ignorant of the protection, and they deliberately lie. One of them, who dedicated himself to granting general suspensions favoring foreign companies in energy matters, violating the law and causing a lot of damage to the country,” he added, in reference to the publication this Thursday in the newspaper Reformwhere former magistrates claim that retroactivity was left alive.
“The interview that appears today in the Reforma newspaper is from the Judge who gave the protection so that the laws of the electricity sector could not be passed with the President [Andrés Manuel] Lopez Obrador. Before they were called ‘Slogan Judge’, now they are ‘Slogan Commentators’, all of them, with very few exceptions,” said President Sheinbaum.
“I am sure that either they have not read the reform to the law, or they have already read it, and they deliberately lie, to tell people: ‘Look how authoritarian the President is, now she is modifying the fundamental right that we Mexicans had. False, on the contrary, the amparo trial today will be more expeditious and there will be more access to justice with this reform to the Amparo Law,’ the president highlighted.
And this Wednesday, the newspaper Reforma publishes the opinion of two former federal magistrates who accused a “trap” in the transitional article of the reform of the Amparo Law, which would allow retroactivity. These are Miguel Bonilla and Juan Pablo Gómez Fierro, the latter a famous federal judge who stood out in the last six-year term for stopping initiatives promoted by then-President López Obrador, including the Electrical Reform.
“You file a lawsuit considering that your protection is inadmissible, even in its admission and suspension they remain firm, but when the trial is resolved they could tell you that it is inadmissible because the law says otherwise,” said Gómez Fierro.
But President Sheinbaum argument this morning that with these reforms the people are protected against any unfair act by the authority: “That does not change in the slightest, it is strengthened. Whoever speaks against the Amparo Law and lies saying that retroactivity, the constitutional right, is not being respected, is a liar. Either they lie deliberately or they simply have not read it or they lie with instructions,” he explained.
“Ah, but with money launderers, there is no suspension. The food debtors, the treasury debtors, have all the right, all the protection processes, all of them. When is it being considered that they cannot have the provisional suspension? When the [Suprema] Court, imagine, when the Judiciary has already done its job, there you do not have access to the provisional suspension. But they do have access later, as long as they deposit the resource they owe as collateral,” he concluded.
For his part, Zaldívar indicated that the Amparo will be shorter, the deadlines will be shorter and the judges will have to resolve more quickly. “There will be procedures that are being adjusted as a result of the reform, but this is not retroactive, in the least. All acquired rights,” he insisted.
“And now they come to say, in terms of retroactivity, that for example, with this law, if a claim for protection was admitted or a suspension was granted, they are going to say to resolve the protection, ‘with the new elements, I deny you that suspension that had already been granted to you’. This is absolutely false, and they are lying, because it is not ignorance,” he returned to the comments of the former magistrates.
Finally, Zaldívar indicated that the transitional article that was approved “is very clear.” In procedural matters there is no retroactivity, all the stages of the amparo trials in progress that have concluded, that is: the admission of the claim, the suspension, the resolution of any appeal, “can no longer be touched.” “All of this is governed by the Amparo Law in force at the time the amparo trials were initiated and those resolutions were issued,” he stated.
On Wednesday afternoon, the Senate of the Republic approved, with 81 votes in favor and 37 against, the reserved articles of the minutes that reform the Amparo Law, with changes to the controversial third transitional article that clarify how the new provisions will be applied to ongoing trials.
The rules will only govern future actions, without affecting acquired rights or previous resolutions. Previously, changes to said legislation were approved with 83 votes in favor and 38 against.
The endorsed transitional article establishes that the completed stages will continue to be governed by the rules in force at the beginning of each process, while the actions after the entry into force of the decree will comply with the new Law, in line with the doctrine and jurisprudence of the Supreme Court of Justice of the Nation (SCJN).
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