MEXICO Trends and Developments Contributed by: Daniel Amézquita, Iván Valdespino, Sofía Jurado and Gilda Velázquez, Galicia Abogados
generated controversy, the reality is that the Amparo Law already established this principle in Article 148. This provision states that injunc - tive relief shall be granted to prevent the rule’s effects and consequences on the complainant’s legal rights. Perspective for the Years to Come In the past year, crucial constitutional reforms have been enacted, altering the structure of the republican powers and the form of government in Mexico, such as the Judicial Reform and the transfer of functions in the areas of antitrust, telecommunications and transparency to new entities within the Federal Public Administration. Additionally, constitutional reforms have been implemented aiming to provide a new legal framework for various regulated sectors, such as the energy, mining and railway sectors. This, in turn, creates the need to design secondary laws, which will define the opportunities and challenges that will need to be addressed in the coming years. The secondary laws arising from these reforms may be contested through amparo, allowing the courts to assess their constitutionality and establish criteria for their application. In this pro - cess, the Supreme Court of Justice will play a key role in interpreting the new norms and deter - mining whether they respect the fundamental principles of the Constitution.
The development of this constitutional control mechanism will be a litmus test to demonstrate the independence of the judiciary, especially in a context where the reform seeks to transform its structure and functioning, as well as to renew all its members. As the first rulings are issued, we will be able to assess whether the Judicial Reform truly strengthens the administration of justice or, con - versely, undermines its autonomy and operabil - ity. Moreover, this process will provide certainty to citizens and stakeholders in the legal sector regarding the actual scope of the regulatory changes. The expectations for its implementation are high, and its success will depend on the legal sys - tem’s ability to ensure that these changes are applied fairly, transparently and for the benefit of the rule of law.
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