Patrimonial Responsibility Of The State Federal Law

Original Language Title: Ley Federal de Responsabilidad Patrimonial del Estado

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Federal State Heritage Liability Act

STATE FEDERAL ESTATE LIABILITY LAW

Official Journal of the Federation December 31, 2004

Last reform published DOF June 12, 2009

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

THE STATE ' S FEDERAL ESTATE LIABILITY LAW IS SET.

ARTICLE FIRST.- The Federal Law on State Heritage Liability is issued, to remain as follows:

FEDERAL ESTATE LIABILITY LAW OF THE STATE.

CHAPTER I

General Provisions

ARTICLE 1.- This Law is a regulation of the second paragraph of Article 113 of the Political Constitution of the United Mexican States and its provisions are of public order and general interest; it aims to establish the bases and procedures for recognize the right to compensation to those who, without legal obligation to bear it, suffer damages in any of their property and rights as a result of the irregular administrative activity of the State. The non-contractual liability of the State is objective and direct, and the compensation must conform to the terms and conditions outlined in this Law and the other legal provisions to which it refers.

For the purposes of this Law, an irregular administrative activity shall be understood to cause damage to the property and rights of individuals who do not have the the legal obligation to bear, by virtue of no legal basis or legal basis of justification to legitimize the damage in question.

ARTICLE 2.- They are subject to this Act, federal public entities. For the purposes thereof, federal public entities shall be understood, unless otherwise expressly mentioned, to the Judicial, Legislative and Executive Powers of the Federation, autonomous constitutional bodies, agencies, entities of the Federal Public Administration, the Attorney General's Office, the Federal Administrative Courts, and any other federal public body.

The precepts contained in Chapter II and other provisions of this Law shall be applicable, as appropriate, in order to fulfill the rulings of the Inter-American Court of Human Rights, as well as the recommendations of the National Human Rights Commission and the Inter-American Commission on Human Rights, accepted by the federal public authorities and the Mexican State in their case, as soon as they refer to the payment of compensation.

The acceptance and fulfillment of the recommendations referred to in the preceding paragraph, if any, shall be carried out by the federal public entity that has been The same shall be observed in respect of compliance with the jurisdictional rulings of repair. The Secretariat of Foreign Relations will be the conduit to report the respective compliances, both to the Commission and to the Inter-American Court of Human Rights, as appropriate.

The National Human Rights Commission and its public servants are not subject to the responsibility for the opinions and recommendations they make, as well as for the acts which they perform in the exercise of the functions of their competence.

ARTICLE 3.- Except for the obligation to indemnify, in accordance with this Law, in addition to fortuitous and force majeure, damages that do not they are a consequence of the irregular administrative activity of the State, as well as those arising from facts or circumstances which could not have been foreseen or avoided according to the state of the knowledge of the science or technology existing in the time of its occurrence and in those cases where the applicant for the compensation is the sole cause of the damage.

ARTICLE 4.- The material damages and damages that constitute the claimed property injury, including personal and moral injury, must be real, evaluable in money, directly related to one or more people, and unequal to those that could affect the common population.

ARTICLE 5.- Federal public authorities shall cover indemnities arising from patrimonial liability to be determined in accordance with this Law, their respective budgets.

Payments of compensation arising from assets liability shall be made in accordance with the budgetary availability of the relevant tax year, without affecting the fulfillment of the objectives of the programs that are approved in the Federation's Government Budget.

In the fixing of the amounts of the budget items, the indemnities which have not been paid in the previous immediate financial year must be provided for, as provided for in Articles 8 and 11 of this Law.

ARTICLE 6.- Federal public authorities, taking into account the availability of resources for the corresponding fiscal year, will include in their respective Draft budget the resources to cover the amounts arising from the assets liability in accordance with the order established in the compensation register referred to in Article 16 of this Law.

The total sum of the resources included in the respective approved budgets of the federal public authorities may not exceed the equivalent of 0.3 to 1,000 of the programmable expenditure of the Federation's Government Budget for the corresponding fiscal year.

ARTICLE 7.- The Federal Executive, through the Secretariat of Finance and Public Credit, in the terms of the Law on the Budget, Accounting and Public Expenditure Federal, must authorize the transfer of the approved budget amounts to the different dependencies or entities of the Federal Public Administration for patrimonial responsibility, when by the nature of the administrative activity of the is relevant and is justified by the authorities competent.

In the case of entities not subject to or partially subject to budgetary control, the corresponding transfers shall be approved by the governing bodies respective.

ARTICLE 8.- The compensation fixed by administrative authorities exceeding the maximum amount budgeted for a given tax year shall be covered in the following financial year, in accordance with the order of registration referred to in Article 16 of This Law.

ARTICLE 9.- This Law shall be applied in an additional manner to the various administrative laws which contain a special system of State patrimonial liability. In the absence of any express provision in this Law, the provisions contained in the Federal Law of Administrative Procedure, the Fiscal Code of the Federation, the Federal Civil Code and the general principles of law will apply.

ARTICLE 10.- The public authorities will have the obligation to report to the Public Ministry any person who directly or indirectly participates, helps, assist or simulate the production of damages for the purpose of improperly crediting the State's patrimonial Liability or obtaining any of the indemnities referred to in this Law.

CHAPTER II

Compensation

ARTICLE 11.- The State's Patrimonial Liability Indemnity, which is derived from irregular administrative activity, must be paid to the claimant of agreement to the modalities established by this Law and the following bases:

a) Must be paid in national currency;

b) Your payment in kind may be agreed;

(c) The quantification of the compensation shall be calculated according to the date on which the injury actually occurred or the date on which it ceased to be continuous character;

d) In any case, the amount to be compensated must be updated at the time the compliance of the resolution to which it is resolved and ordered is to be performed the payment of compensation;

e) In case of delay in the payment of the compensation payment will proceed the update in accordance with the provisions of the Tax Code of the Federation, and

f) Federal public authorities will be able to cover the amount of compensation by means of partial tax exercises, by making a projection of the payments according to the following:

1.    The various commitments scheduled for previous fiscal years and those that are expected to be presented in the financial year in question;

2.    The amount of the resources budgeted or allocated in the five fiscal years prior to the start of the payment in partial payments, to cover the State's patrimonial liability for the irregular administrative activity imposed by competent authority, and

3.    The resources that are expected to be approved and assigned in the field corresponding to these types of obligations in subsequent fiscal years based on the antecedents referred to in the previous numeral and the behavior of the input-expense.

ARTICLE 12.- The indemnities shall correspond to the integral repair of the damage and, where appropriate, the personal and moral damage.

ARTICLE 13.- The amount of damages for material damages will be calculated according to the criteria established by the Expropriation Act, the Tax Code of the Federation, the General Law of National Goods and other applicable provisions, taking into consideration commercial or market values.

ARTICLE 14.- The compensation amounts will be calculated as follows:

I.      In the case of personal injury:

(a) Corresponding to compensation based on the corresponding medical advice, as provided for in the Federal Law of the Federal Republic of Job, and

(b) In addition to the allowance provided for in the foregoing paragraph, the claimant or the person entitled shall have the right to be covered by the medical expenses which are In accordance with the Federal Labor Law itself, they will be available for work risks.

II.     In the case of moral damage, the administrative or judicial authority shall, where appropriate, calculate the amount of the compensation in accordance with the criteria laid down in the Federal Civil Code, and take into account the opinions The pericials offered by the claimant.

The compensation for moral damage that the State is obliged to cover shall not exceed the equivalent of 20,000 times the daily general minimum wage in force Federal District, for each claimant concerned, and

III. In the case of death, the calculation of the compensation shall be made in accordance with the provisions of the Federal Civil Code in its article 1915.

ARTICLE 15.- The indemnities shall be covered in full in accordance with the terms and conditions laid down by this Law and to which it refers. In the case of a contract of insurance against liability, in the event of the eventual production of damages resulting from the irregular administrative activity of the State, the sum assured will be used to cover the amount equivalent to the integral repair. If it is insufficient, the State will continue to compensate for the difference. The payment of liquid amounts by deductible is the responsibility of the State and cannot be reduced from compensation.

ARTICLE 16.- Firm sentences must be registered by the responsible federal public body, who must keep a record of compensation due to patrimonial liability, which will be a public consultation.

The compensation for property injuries shall be paid taking into account the chronological order in which the decisions of the authorities are issued administrative.

CHAPTER III

Of The Procedure

ARTICLE 17.- The assets liability procedures of the federal public authorities will be initiated by the interested party's complaint.

ARTICLE 18.-The interested party must present its claim to the agency or entity allegedly responsible or autonomous constitutional body, in accordance with the Federal Law of Administrative Procedure.

The individuals in their application must point out, where appropriate, the public servants involved in the administrative activity that is considered irregular.

If the State patrimonial liability procedure is initiated, one of the procedures for which the individual has contested the case will be pending. act of authority that is deemed to be harmful, the State's liability procedure shall be suspended until as long as the other procedures, the competent authority has not issued a resolution that causes a state.

ARTICLE 19.-The procedure of patrimonial liability must be adjusted, in addition to the provisions of this Law, to the provisions of the Federal Law of Administrative litigation procedure, in the court.

ARTICLE 20.- The nullity or nulliability of administrative acts by the administrative route, or by the judicial-administrative court, does not presuppose on its own right to compensation.

ARTICLE 21.- The damage caused to the property of the individuals by the irregular administrative activity, must be credited taking into consideration the following criteria:

a) In cases where the cause or causes producing the damage are identifiable, the cause-effect relationship between the patrimonial injury and the action Irregular administrative burden on the State shall be proved by way of proof; and

b) In its absence, the unique causality or concurrency of causal facts and conditions, as well as the participation of other agents in the generation of the injury claimed, must be tested through the precise identification of the facts that produced the final result, rigorously examining the original or oversold conditions or circumstances that have been able to mitigate or aggravate the property injury claimed.

ARTICLE 22.- The responsibility of the State shall be tested by the claimant who considers his estate to be injured, because he has no legal obligation to bear it. For its part, the State shall be responsible for proving, where appropriate, the participation of third parties or the claimant itself in the production of the damage and damage to it; that the damage is not a consequence of the irregular administrative activity of the State; that the damages derive from unforeseeable or unavoidable facts or circumstances according to the knowledge of the science or technique existing at the time of its occurrence, or the existence of the force majeure that exonerates it from patrimonial liability.

ARTICLE 23.-The resolutions that federal public entity dictates in connection with the claims provided for in this Law shall contain as elements (a) the following minimum requirements: the minimum of the causal link between the administrative activity and the injury produced and the assessment of the damage or injury caused, as well as the amount in money or in kind of the compensation; by making explicit the criteria used for quantification. Likewise, in the cases of concurrency provided for in Chapter IV of this Law, in this resolution the criteria for imputation and the corresponding graduation for their application must be reasoned for each particular case.

ARTICLE 24.-The resolutions of the administrative authority that deny the compensation, or which, in their amount, do not satisfy the person concerned may be contested by way of review on administrative basis or, directly by court before the Federal Court of Justice and Administrative Justice.

ARTICLE 25.- The right to claim compensation shall be prescribed in one year, the same as shall be computed from the day following that in which the property injury, or from the moment they have ceased their effects, if they were of a continuous nature. Where there is physical or mental damage to persons, the limitation period shall be two years.

The limitation periods provided for in this Article shall be interrupted at the beginning of the complaint procedure, through which the legality of the complaints is contested. administrative acts that likely produced the damages.

ARTICLE 26.- The claimants concerned may conclude an agreement with the federal public authorities in order to terminate the dispute through the fixing and payment of the compensation to be agreed between the parties. The validity of such an agreement shall, as appropriate, be required for the approval by the internal controller or the relevant surveillance authority.

CHAPTER IV

Concurrency

ARTICLE 27.- In case of concurrency accredited in terms of Article 21 of this Law, the payment of the compensation shall be distributed proportionally between all the cause of the property injury claimed, according to their respective participation. For the purposes of the same distribution, the administrative authorities shall take into account, inter alia, the following imputation criteria, which shall be graduated and applied according to each individual case:

a) It shall be attributed to each federal public body to the harmful acts or acts that come from its own organization and operation, including those of its organs unconcentrated administrative;

b) Federal public authorities shall only respond to the acts or harmful acts that have been caused by the public servants assigned to them;

(c) Federal public authorities with powers or responsibility for the provision of the public service and whose activity has produced them Acts or acts of harm shall be responsible for such acts, either directly or with interorgan collaboration;

d) Federal public authorities who have projected works that have been executed by others will respond to the harmful acts or acts caused, Second, they have not had the right to modify the project for which the claimed property injury was generated. For their part, the implementing federal authorities shall respond to the harmful acts or acts produced, where these have not resulted in deficiencies in the draft prepared, and

e) When the action of the federal and local authority is present in the harmful acts or acts, the first one must respond to the payment of the compensation in proportion to their respective participation, with the corresponding share of the federative entity remaining on the terms that its own legislation provides.

The Federal Government, through the Secretariat of the Civil Service, within the scope of its respective powers, may conclude coordination agreements with the Federal entities with respect to the subject matter covered by this Law.

ARTICLE 28.- In the event that the claimant is among the cause of the injury whose repair he requests, the quantitative proportion of his/her participation in the damage and injury caused shall be deducted from the amount of the total compensation.

ARTICLE 29.- In the event that the cause of the claimed property injury cannot be identified as their exact participation in the production of the A joint and several liability shall be established between them in relation to the claimant, the payment of the compensation being distributed in equal parts between all the co-workers.

ARTICLE 30.- In the event that the claims result from acts or acts of damages produced as a result of a public service concession by Part of the Federal Public Administration, and the property injuries have resulted in a determination of the concessionaire that is of unavoidable compliance for the concessionaire, the State will respond directly.

Dealers will have an obligation to hire insurance or to provide guarantees in favour of the dealer, in case the claimed injury has been caused by the activity of the concessionaire and is not derived from a determination of the concessionaire.

CHAPTER V

Repeating State Law Against Public Servers

ARTICLE 31.- The State may repeat the payment of the compensation to private individuals from the public servants when, upon substantial the disciplinary administrative procedure provided for in the Federal Law on Administrative Responsibilities of Public Servants, its responsibility is determined, and that the administrative misconduct has had the character of a serious infringement. The amount that is required from the public server for this concept will be part of the economic penalty applied to it.

The severity of the violation will be qualified according to the criteria established by the Federal Law on Administrative Responsibilities of Public Servants. In addition, the following criteria will be taken into account: the average standards of the administrative activity, the disturbance of the same, the existence or not of intentionality, the professional responsibility and its relation to the production of the harmful result.

ARTICLE 32.- The State may also instruct the public servants of the appointed, appointed or hired public servants and, in general, all a person who performs a job, position or commission of any kind in the Federal Public Administration, when he has been harmed in his property and rights derived from serious administrative misconduct or violations. The above, without prejudice to the provisions of other applicable laws.

ARTICLE 33.- Public servants may challenge administrative decisions imposing an obligation to compensate for damages the State has paid on the basis of the respective compensation claims, through the appeal of revocation, or before the Federal Court of Justice and Administrative Justice, in terms of the Federal Law on Administrative Responsibilities of the Public Servers.

ARTICLE 34.- The filing of claims for state property liability will interrupt the limitation periods that the Federal Law of Administrative Responsibilities of the Public Servants determines to initiate the disciplinary administrative procedure to the public servants, which will resume when the final judgment or judgment is signed that to the effect dictate in the first of the above procedures.

ARTICLE 35.- The amounts to be obtained on the basis of the economic sanctions that the competent authorities impose on the public servants, in Terms of the provisions of the Federal Law on Administrative Responsibilities of Public Servants will be added, as appropriate, to the amount of the resources provided to cover the compensation obligations arising from the liability assets of the federal public authorities.

ARTICLE SECOND.- .........

ARTICLE THIRD.- .........

TRANSIENT

FIRST.- This Law will take effect on 1o. of January 2005.

SECOND.- The cases that are being processed in the federal public authorities, related to the compensation to the individuals derived from the faults administrative authorities in which the public servants have been incurred, shall be treated until their full termination in accordance with the provisions applicable to the date on which the corresponding administrative procedure was initiated.

Mexico, D.F., on December 14, 2004. -Dip. Manlio Fabio Beltrones Rivera, President.-Sen. Diego Fernandez de Cevallos Ramos, President.-Dip. Marcos Morales Torres, Secretary.-Sen. Sara I. Castellanos Cortes, Secretariat.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and I would like to express my support for this decree at the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of December, thousand. Governor, Santiago Creel Miranda.-Heading.


TRANSIENT ITEMS OF REFORM DECREES

DECREE to reform and add to Article 2 of the Federal State Heritage Liability Act.

Published in the Official Journal of the Federation on April 30, 2009

ARTICLE ONLY.- The second paragraph of Article 2 of the Federal Law on State Heritage Liability is reformed and a fourth paragraph is added to it. Article, to remain as follows:

..........

TRANSIENT

FIRST.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

SECOND.- All legal provisions are repealed as they object to the content of this Decree.

Mexico, D. F., as of March 31, 2009.-Sen. Gustavo E. Madero Muñoz, President.-Dip. Cesar Horacio Duarte Jaquez, President.-Sen. Gabino Cue Monteagudo, Secretary.-Dip. Santiago Gustavo Pedro Cortés, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at twenty-four in April of two thousand nine.- Felipe de Jesús Calderón Hinojosa.-Rubrias.-The Secretary of the Interior, Lic. Fernando Francisco Gomez Mont Urueta.-Heading.


DECREE reforming various provisions of the Federal Law on State patrimonial Liability and the Federal Law of Procedure Administrative Litigation.

Published in the Official Journal of the Federation on June 12, 2009

ARTICLE FIRST.-Articles 18, first paragraph; 19; 23; 24 and 25, second paragraph of the Federal State Heritage Liability Act are reformed. remain as follows:

..........

TRANSIENT

FIRST.- This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.

SECOND.- The cases of complaint filed with the Federal Fiscal and Administrative Court of Justice that are being processed in the terms of the law which is amended, shall be definitively resolved by the same.

Mexico, D.F., on April 14, 2009.-Sen. Gustavo E. Madero Muñoz, President.-Dip. Cesar Horacio Duarte Jaquez, President.-Sen. Claudia S. Corichi Garcia, Secretary.-Dip. Santiago Gustavo Pedro Cortés, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the United Mexican Constitution, Article 89 of the Constitution, and for its proper publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at 11 June of two thousand nine.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Government, Lic. Fernando Francisco Gomez Mont Urueta.-Heading.