Last reform published DOF January 27, 2015
ERNESTO ZEDILLO PONCE DE LEÓN, Constitutional President of the United Mexican States, to its inhabitants known:
That the H. Congress of the Union has served to address the following
D E C R E T O
" THE CONGRESS OF THE MEXICAN UNITED STATES, DECREE:
REGULATORY LAW OF FRACTIONS I AND II OF ARTICLE 105 OF THE POLITICAL CONSTITUTION OF THE UNITED STATES
ARTICLE 1o. The Supreme Court of Justice of the Nation shall meet and resolve on the basis of the provisions of this Title, the constitutional controversies and the actions of unconstitutionality referred to in Article 105 (I) and (II) of the Political Constitution of the United Mexican States. In the absence of express provision, the Federal Code of Civil Procedure shall be prevented.
ARTICLE 2o. For the purposes of this law, they shall be considered as working every day as determined by the Organic Law of the Judicial Branch of the Federation.
ARTICLE 3o. The deadlines will be computed according to the following rules:
I. They shall start running the day after the date on which the notification takes place, including the day of expiry;
II. The business days will be counted only, and
III. They will not run during the recess, nor in the days when the work of the Supreme Court of Justice of the Nation is suspended.
ARTICLE 4. the decisions shall be notified on the day following the day on which they were delivered, by publication in the list and by trade delivered at the address of the parties, through the actuary or by mail in certified part of the receipt. In urgent cases, it may be ordered that the notification be made by telegraph.
The notifications to the President of the United Mexican States will be understood with the secretary of state or head of administrative department to whom the subject, or with the Legal Counsel of the Government, considering the powers laid down in the law.
The parties may designate one or more persons to hear notifications, to impose themselves on the cars and to receive copies of the shipment.
ARTICLE 5o. The parties shall be obliged to receive the service of notification which is directed to their offices, domicile or place of business. In the event that the notifications are made through the actuary, the name of the person with whom the diligence is understood shall be stated and if the act is refused to sign the act or to receive the trade, the notification shall be legally made.
ARTICLE 6o. The notifications shall take effect from the day following the day on which they were lawfully made.
Notifications that are not made in the form set forth in this Title will be null. A fine of one to ten days shall be imposed on the person responsible, who in the event of recidivism shall be removed from office.
ARTICLE 7o. The demands or promotions of the term may be presented outside the working hours, before the Secretary General of the Agreements or before the person designated by it.
ARTICLE 8o. When the parties radiate out of the place of residence of the Supreme Court of Justice of the Nation, the promotions will be held in time if the written or related trades are deposited within the legal deadlines, in the offices mail, by certified piece with acknowledgement of receipt, or sent from the appropriate telegraph office. In these cases, the promotions are understood to be presented on the date on which they are deposited in the post office or are sent from the telegraph office, as the case may be, provided that such offices are located at the site. of residence of the parties.
ARTICLE 9o. The fines provided for in this law will be imposed on the basis of days of salary, serving as the basis for calculating the general minimum in force in the Federal District at the time of the sanctioned conduct.
ARTICLE 9o Bis. Exceptionally, and only when there is urgency in the social interest or public order, the Chambers of the Congress of the Union, through its presidents, or the Federal Executive, through its Legal Counsel, may request the President of the Supreme Court of Justice of the Nation that constitutional controversies or actions of unconstitutionality are substantially and resolved as a matter of priority, without in any way modifying the deadlines provided for in the law.
The urgency in the terms of this article will be justified when:
I. It is constitutional controversies or actions of unconstitutionality promoted for the defense of vulnerable groups in the terms of the law.
II. It is constitutional controversies or actions of unconstitutionality in matters of economic competence, monopolies and free competition.
III. It is to prevent irreversible damage to the ecological balance in these constitutional disputes or actions of unconstitutionality.
IV. In those cases that the Supreme Court of Justice of the Nation considers from.
Received the request, the President of the Supreme Court of Justice of the Nation, will submit it to the plenary, which will resolve definitively by majority simple. The resolution will include the necessary providences.
For the admission, processing and resolution of applications, as well as the forecasts referred to in this Article, the general agreements to which the effect issue the Supreme Court of Justice of the Nation.
Of Constitutional Controversies
Of the parts
ARTICLE 10. They will have the character of part in constitutional controversies:
I. As an actor, entity, power or body that promotes controversy;
II. As a defendant, the entity, power or body that has issued and promulgated the general rule or pronounced the act that is the subject of the dispute;
III. As a third party or interested third party, the entities, powers or bodies referred to in Article 105 (I) of the Political Constitution of the United Mexican States, which without having the character of actors or defendants, may be affected by the statement I will make, and
IV. The Attorney General of the Republic.
ARTICLE 11. The actor, the defendant and, where appropriate, the third party concerned shall be required to appear in court by the officials who, in terms of the rules governing them, are entitled to represent them. In any event, it shall be presumed that the person who appears in the court of judgment enjoys legal representation and has the capacity to do so, unless otherwise tested.
In constitutional controversies, no different form of representation will be admitted to that provided for in the previous paragraph; however, by means of trade they will be able to Credit delegates to make promotions, attend hearings and provide evidence, make submissions and promote the incidents and resources provided for in this law.
The President of the United Mexican States will be represented by the secretary of state, by the head of the administrative department or by the Legal Counsel of the Government, as determined by the President himself, and considering for such effects the competences established in the law. The accrediting of the personality of these public servants and their supply will be done in the terms provided for in the relevant internal laws or regulations.
Of the incidents
Of incidents in general
ARTICLE 12. These are incidents of special pronouncement, the nullity of notifications, the replacement of cars and the falsification of documents. Any other incident arising in the trial, with the exception of the one relating to the suspension, will be ruled out in the final judgment.
ARTICLE 13. The incidents of special pronouncement may be promoted by the parties before the instructor minister before the sentence is handed down.
Dealing with the car replacement incident, the instructor will order to certify the previous existence and the subsequent lack of the file, to carry out those investigations that are not contrary to the law.
The incidents will be substantiated at a hearing where the instructor will receive the evidence and arguments from the parties and will dictate the resolution that corresponds.
Of the suspension
ARTICLE 14. In the case of constitutional disputes, the minister shall, on his own initiative or at the request of a party, grant the suspension of the act which shall motivate them, until the final judgment is given. The suspension shall be granted on the basis of the elements provided by the parties or collected by the Minister Instructor in terms of Article 35, in that which is applicable.
The suspension may not be granted in cases where the dispute has been raised with respect to general rules.
ARTICLE 15. The suspension may not be granted in cases where national security or economy, the fundamental institutions of the Mexican legal order are endangered or may be seriously affected by society in a greater proportion to the benefits that the applicant could obtain.
ARTICLE 16. The suspension shall be processed by incidental means and may be requested by the parties at any time before the final judgment is delivered.
ARTICLE 17. Until as long as the final judgment is not delivered, the instructor minister may modify or revoke the order of suspension for the same dictation, provided that a supervenient fact occurs that it is based on it.
If the suspension has been granted by the Supreme Court of Justice of the Nation in resolving the appeal of the complaint provided for in Article 51, the The instructor shall submit to the full consideration of the plenary itself the acts of the supervenlients which are the basis for the modification or revocation of the same, in order for the latter to resolve the conduct.
ARTICLE 18. For the granting of the suspension, consideration must be given to the particular circumstances and characteristics of the constitutional dispute. The order or the interlocutor by which it is granted shall state precisely the scope and effects of the suspension, the organs required to comply with it, the suspended acts, the territory in respect of which it operates, the day on which it is to supply its effects and, where applicable, the requirements to make it effective.
From the improvenance and the overment
ARTICLE 19. Constitutional controversies are imparted:
I. Against decisions of the Supreme Court of Justice of the Nation;
II. Against general rules or electoral acts;
III. Against general rules or acts that are the subject of a pending dispute, provided that there is an identity of parties, general rules or acts and concepts of invalidity;
IV. Against general rules or acts which have been the subject of an execution given in another dispute, or against decisions given on the occasion of their execution, provided that there is an identity of parties, general rules or acts and concepts of invalidity, in the cases referred to in Article 105, section I, last paragraph, of the Political Constitution of the United Mexican States.
V. When the effects of the general rule or act of controversy have ceased;
VI. When the legally intended path for the solution of the conflict itself has not been exhausted;
VII. Where the application is filed outside the time limits provided for in Article 21, and
VIII. In other cases where the impropriety results from any provision of this law.
In any case, the causals of origin must be examined ex officio.
ARTICLE 20. The withdrawal will proceed in the following cases:
I. When the plaintiffs expressly desist from the application filed against acts, without in any case being able to do so in the case of general rules;
II. When in the course of the judgment, some of the causes of the origin referred to in the previous article are removed;
III. When of the car constances it appears clearly shown that there is no rule or act of the dispute, or when the existence of the latter; and
IV. When, by agreement between the parties, the act of the dispute has ceased to exist, without in any case that convention may be subject to general rules.
The demand and its response
ARTICLE 21. The deadline for the demand interposition will be:
I. For acts of 30 days from the day following the day on which the notification of the decision or agreement to be claimed is effected by the law of the act itself; to the effect that it has been made known to them or to their execution; or where the actor is aware of the same;
II. For general rules, of thirty days from the day following the date of its publication, or the day following the day of the first act of application of the rule that gives rise to the dispute, and
III. Dealing with the conflicts of limits other than those provided for in Article 73, fraction IV, of the Political Constitution of the United Mexican States, of sixty days from the entry into force of the general rule or of the realization of the act that originates them.
ARTICLE 22. The application document must point out:
I. The entity, power or actor, its domicile and the name and position of the official representing them;
II. The entity, power or body in demand and its domicile;
III. The entities, powers or third parties concerned, if any, and their addresses;
IV. The general rule or act whose invalidity is required, as well as, where applicable, the official means in which they were published;
V. The constitutional precepts which, if any, are deemed to be violated;
VI. The manifestation of the facts or abstentions which are the actor's and the background to the general rule or act whose invalidity is required, and
VII. The concepts of invalidity.
ARTICLE 23. The demand response document must contain, at least:
I. The precise relationship of each of the facts narrated by the actoring party, asserting them, denying them, expressing that it ignores them for not being their own or exposing how they occurred, and
II. The reasons or legal bases that are deemed relevant for the validity of the general rule or act in question.
From the instruction
ARTICLE 24. Received the request, the President of the Supreme Court of Justice of the Nation will designate, according to the appropriate turn, an instructor minister in order to put the process in a state of resolution.
ARTICLE 25. The instructor minister shall examine in particular the statement of demand, and if it is manifest and indubitable reason, he shall discard it outright.
ARTICLE 26. Admitted to the application, the instructor minister shall order the defendant to place the defendant in order to produce his reply within the thirty-day period, and shall give the other parties the opportunity to express what he or she is entitled to do within the same period of time.
In response to the complaint, the defendant may, if necessary, reconfirm the action, applying to the effect the provisions of this law for the application and defence originals.
ARTICLE 27. The actor may extend his/her application within 15 days of the reply if the latter appears to be a new event, or before the date of closure of the instruction if a supervenent event appears. The extension of the application and its defence shall be dealt with in accordance with the original demand and defence.
ARTICLE 28. If the pleadings of demand, defence, counterclaim or enlargement are either obscure or irregular, the instructor shall prevent the persons concerned from the irregularities within the five-day period.
Not to go under the required irregularities, and if, in the opinion of the minister, the importance and importance of the matter merits it, he will be transferred to the Attorney General. General of the Republic for five days, and with a view in his request if he does so, he will admit or discard the demand within the next forty-eight hours.
ARTICLE 29. Having elapsed time to answer the request and, where appropriate, its extension or counterclaim, the Minister of the Instructor shall indicate the date for an offer hearing and proof of evidence to be verified within thirty days. next. The instructor may extend the term of the hearing, where the importance and significance of the case so warrants.
ARTICLE 30. The failure to respond to the claim or, where appropriate, the counterclaim within the time limit, shall make the facts which have been pointed out in them, unless proof to the contrary, be presumed to be true, provided that the facts are directly imputed to the acting or respondent party, as appropriate.
ARTICLE 31. The parties may offer all evidence, except for those of positions and those that are contrary to law. In any case, it will be up to the instructor to give away those tests that do not relate to the controversy or do not influence the final judgment.
ARTICLE 32. The evidence must be offered and surrendered at the hearing, except for the documentary which may be presented before, without prejudice to the fact that it relates to the hearing itself and is received in that event, even if it does not exist. express management of the data subject.
Testimonial, expert and eye inspection tests must be announced ten days before the date of the hearing, without the latter or the offer, a copy of the interrogations for the witnesses and the questionnaire for the experts, so that the parties may reask in the hearing. In no case shall more than three witnesses be admitted for each fact.
When the expert test is promoted, the instructor shall designate the expert or experts as he considers appropriate for the practice of the diligence. Each party may also appoint an expert to be associated with the one appointed by the instructor or to give his opinion separately. The experts are not recused, but the one appointed by the instructor minister must be excused to know when in the event any of the impediments referred to in the Organic Law of the Judicial Branch of the Federation.
ARTICLE 33. In order for the parties to be able to give their evidence, all the authorities have an obligation to issue them in a timely manner with the copies or documents they request and, if not, they will ask the Minister for Instructor to require the OMs. If, in spite of the request, the copies or documents are not issued, the minister shall, at the request of the party, make use of the means of the award and shall denounce the omisa authority for disobedience to his mandate.
ARTICLE 34. The hearings shall be held with or without the assistance of the parties or their legal representatives. The hearing shall be open, in order to receive the evidence and written pleadings from the parties.
ARTICLE 35. At all times, the instructor minister will be able to decree tests to better provide, setting the date effect for his or her release. The Minister may also require the parties to provide the reports or clarifications that he considers necessary for the best resolution of the case.
ARTICLE 36. Once the hearing has been completed, the instructor minister shall submit to the full Court the draft of the respective resolution in the terms provided for in the Organic Law of the Judicial Branch of the Federation.
ARTICLE 37. The Supreme Court of Justice of the Nation, at the request of one of its members may, by means of general agreements, agree to the postponement of the resolution of the trials of amparo located in it, until a controversy is resolved The Court of the European Court of the European Court of In this case, the expiry term provided for in Article 74, section V of the Amparo Act, shall not be completed.
ARTICLE 38. The accumulation of disputes shall not proceed, but where there is a connection between two or more of them and their procedural state permits, it may be agreed that are resolved in the same session.
Of the statements
ARTICLE 39. In passing judgment, the Supreme Court of Justice of the Nation will correct the errors that it warns in the quotation of the precepts invoked and will examine in its entirety the arguments of the parties in order to resolve the question effectively raised.
ARTICLE 40. In all cases, the Supreme Court of Justice of the Nation shall supply the deficiency of the claim, defence, pleadings or grievances.
ARTICLE 41. The statements must contain:
I. The brief and precise fixing of the general rules or acts which are the subject of the dispute and, where appropriate, the assessment of the evidence leading to whether or not they have been demonstrated;
II. The precepts that support it;
III. The considerations that underpin their sense, as well as the precepts that are in their case being violated;
IV. The scope and effects of the judgment, setting out precisely, where appropriate, the bodies required to comply with it, the general rules or acts in respect of which it operates and all those elements necessary for its full effectiveness in the field of corresponds. Where the judgment declares the invalidity of a general rule, its effects shall be extended to all those rules whose validity depends on the rule invalidated;
V. The resolutive points which decremit the dismissal, or declare the validity or invalidity of the general rules or contested acts, and in their case the respective acquittal or conviction, fixing the term for the performance of the actions that are flagged;
VI. Where appropriate, the term in which the condemned party is required to perform a performance.
ARTICLE 42. Provided that the disputes deal with general provisions of the States or of the Municipalities contested by the Federation, of the Municipalities contested by the States, or in the cases referred to in points (c), (h) and (k) of the fraction In Article 105 of the Constitution, and the Supreme Court's decision to declare them invalid, the resolution shall have general effects when it has been approved by a majority of at least eight votes.
In those controversies regarding general rules in which the vote referred to in the previous paragraph is not reached, the Supreme Court of Justice will declare These disputes are dismissed. In such cases, the provisions of the following Article shall not apply.
In all other cases the resolutions will have effects only on the parties to the dispute.
ARTICLE 43. The reasons contained in the recitals that merge the resolutions of the sentences passed by at least eight votes, will be mandatory for the Chambers, Circuit Plenos, unitary courts and circuit boards, courts of district, military, agrarian and judicial courts of the common order of the States and the Federal District, and administrative and labor, be these federal or local.
ARTICLE 44. Handed down the sentence, the President of the Supreme Court of Justice of the Nation will order to notify the parties, and will send it in full in the Judicial Weekly of the Federation, together with the particular votes that are formulate.
When the ruling declares the invalidity of general rules, the President of the Supreme Court of Justice of the Nation will also order his insertion in the Officer of the Federation and in the official body in which such rules have been published.
ARTICLE 45. The sentences will produce their effects from the date determined by the Supreme Court of Justice of the Nation.
The declaration of invalidity of judgments shall not have retroactive effect, except in criminal matters, in which the general principles and legal provisions shall apply. applicable in this field.
Of the execution of statements.
ARTICLE 46. The condemned parties shall inform the President of the Supreme Court of Justice of their compliance with the sentence of the sentence, who will decide if the sentence has been duly fulfilled.
Once the time limit set in the judgment for the performance of any action has elapsed, the parties may request the President of the the Supreme Court of Justice of the Nation that requires the obligation to immediately report on its compliance. If, within forty-eight hours following the notification of such a requirement, the performance is not fulfilled, where the nature of the act so permits, it is not to be found on the way of execution or shall be treated as circumventing its compliance, the President of the Supreme Court of Justice of the Nation will take the matter to the minister-rapporteur to submit to the plenum the bill for which the last paragraph of article 105 of the Political Constitution of the United Mexican States applies.
ARTICLE 47. When any authority applies a general rule or act declared invalid, either party may denounce the fact to the President of the Supreme Court of Justice of the Nation, who will give the authority indicated as responsible, so that within 15 days it will leave without effect the act that is claimed, or to claim what it is entitled to do.
If in the cases previously foreseen, the authorities do not leave without effects the acts in question, the President of the Supreme Court of Justice of the the case to the Minister-Rapporteur so that, in the light of the pleadings, if any, submit to the full Court the relevant decision on this matter. If the plenary declares that there is indeed a repetition or improper application of a general rule or an invalid act, it shall mandate that the provisions of the last paragraph of Article 105 of the Political Constitution of the United States be complied with. Mexicans.
The person who is not a party to the respective constitutional dispute, and who subsequently has the effects of the declaration of invalidity of a rule In general, it will be affected by its application, may denounce such act in accordance with the procedure provided for this effect in the Law of Amparo, Regulatory of Articles 103 and 107 of the Political Constitution of the United States Mexicans.
ARTICLE 48. The provisions of the foregoing article shall be without prejudice to the fact that the President of the Supreme Court of Justice of the Nation enforces the execution in question, dictating the providences that it deems necessary.
ARTICLE 49. When in terms of Articles 46 and 47, the Supreme Court of Justice of the Nation will make a declaration for non-compliance with execution or for repetition of the invalidated act, the district judges will be limited to sanctioning the facts of the matter. of the consignment in terms of federal criminal law for the offence of abuse of authority.
If of the consignment made by the Supreme Court of Justice of the Nation, or during the aftermath of the criminal proceedings, the possible commission of a crime other than " The one that was the subject of the consignment itself, will proceed in the terms laid out in the final part of the second paragraph of Article 19 of the Political Constitution of the United Mexican States, and in that respect, the order of the matter.
ARTICLE 50. No case may be filed without the judgment being served or the matter of the execution has been extinguished.
Of the resources
Of the claim
ARTICLE 51. The claim facility will proceed in the following cases:
I. Against cars or resolutions that they admit or dispose of a claim, their defence or their respective extensions;
II. Against cars or resolutions that end the dispute or that by its transcendental and serious nature may cause material injury to one of the non-repairable parts in the final judgment;
III. Against resolutions issued by the instructor minister when resolving any of the incidents referred to in Article 12;
IV. Against the cars of the instructor in which the suspension is granted, denied, modified or revoked;
V. Against the cars or resolutions of the instructor who admit or dispose of tests;
VI. Against the cars or resolutions of the President of the Supreme Court of Justice of the Nation that have for completion the execution given by the plenum of the Supreme Court of Justice of the Nation; and
VII. In other cases I point out this law.
ARTICLE 52. The claim facility must be filed within five days, and evidence must be expressed and tested.
ARTICLE 53. The appeal of the complaint will be promoted before the President of the Supreme Court of Justice of the Nation, who will be transferred to the other parties so that within the five-day period they will allege what is at their right. After the latter deadline, the President of the Supreme Court of Justice of the Nation will take the cars to a minister other than the instructor in order to prepare the draft resolution to be submitted to the full Court.
ARTICLE 54. When the claim facility is filed without reason, the appellant or his/her representative, his or her lawyer, or both, a fine of ten to one hundred and twenty days ' salary will be imposed.
Of the complaint
ARTICLE 55. The complaint resource is from:
I. Against the defendant or any other authority, for violation, excess or defect in the execution of the order or resolution for which the suspension has been granted, and
II. Against the condemned party, for excess or defect in the execution of a statement.
ARTICLE 56. The complaint resource will be interposed:
I. In the cases of section I of article 55, before the minister instructor up until the controversy in the main, and
II. In the case of section II of Article 55, before the President of the Supreme Court of Justice of the Nation within the year following that of the notification to the interested party of the acts for which the statement, or in which the entity or foreign power affected by the execution has knowledge of the latter.
ARTICLE 57. Admitted to the action shall be required of the authority against which it has been brought so that within a period of 15 days it leaves without effect the general rule or act that will give rise to the appeal or, to give a report and offer evidence. The lack or deficiency of this report will establish the presumption of being certain the facts imputed, without prejudice to the imposition of a fine of ten to one hundred and eighty days of salary.
Elapsed the term mentioned in the previous paragraph and provided that the matter of the resource, in the case of the fraction I of the previous article, the minister The instructor shall set a date for the holding of a hearing within 10 days after the evidence has been given and the pleadings have been written in writing; for the case of the II fraction, the President of the Supreme Court of Justice of the the Nation, will take the record to an instructor minister for the same effects.
ARTICLE 58. The instructor minister shall draw up the draft resolution concerned and submit it to the full Court, who shall find it well founded, without prejudice to the provision of the necessary for the enforcement due to the suspension or for the execution of the treat, determine in your own resolution the following:
I. If this is the case provided for in Article 55 (I), the responsible authority shall be sanctioned in the terms laid down in the Criminal Code for the offence of abuse of authority, in the case of disobedience committed, regardless of any other crime you incur, and
II. In the case referred to in Article 55 (II), the provisions of the last paragraph of Article 105 of the Political Constitution of the United Mexican States shall apply.
Of Unconstitutionality Actions
ARTICLE 59. In the actions of unconstitutionality, the provisions contained in Title IIapply in all matters not provided for in this Title.
ARTICLE 60. The period for exercising the action of unconstitutionality shall be 30 calendar days from the day following the date on which the contested international law or treaty is published in the corresponding official means. If the last day of the deadline is not available, the application may be lodged on the first working day following that.
In electoral matters, for the computation of deadlines, every day is business.
ARTICLE 61. The application for the action of unconstitutionality must contain:
I. The names and signatures of the promote;
II. The legislative and executive bodies that would have issued and enacted the general rules challenged;
III. The general rule whose invalidity is claimed and the official means in which it was published;
IV.- The constitutional precepts that are considered violated and, where appropriate, the human rights enshrined in the international treaties of which Mexico is part that is estimated to be violated; and
V. The concepts of invalidity.
ARTICLE 62. In the cases provided for in points (a), (b), (d) and (e) of Article 105 (II) of the Political Constitution of the United Mexican States, the action to be taken shall be signed by at least thirty-three years. One hundred of the members of the corresponding legislative bodies.
The applicant party, in the initial instance, must designate as common representatives at least two of its members, who will act jointly or separately. throughout the procedure and even after the completion of the procedure. If no common representatives are appointed, the President of the Supreme Court of Justice of the Nation will do so on his own initiative. The common representatives may accredit delegates to make promotions, attend the hearings and give them evidence and make submissions, as well as to promote the incidents and resources provided for in this law.
In the terms set forth in paragraph (f) of Article 105 (II) of the Political Constitution of the United Mexican States, they shall be considered a plaintiff in proceedings for actions against electoral laws, in addition to those mentioned in section I of article 10 of this law, to political parties with registration through their national or state leaders, as appropriate, to who shall be applicable to the provisions of the first two paragraphs of Article 11 of this same order.
ARTICLE 63. The President of the United Mexican States will be represented in the actions of unconstitutionality in terms of the third paragraph of article 11 of this law.
Of The Procedure
ARTICLE 64. Initiated in accordance with Article 24, if the document in which the action is exercised is obscure or irregular, the instructor shall prevent the applicant or his common representatives from making any necessary clarifications. within the five-day period. On the expiry of that period, the Minister shall give the legislative bodies which have issued the rule and the executive body which has issued it so that, within 15 days, a report containing the reasons and reasons shall be given. grounds for upholding the validity of the contested general rule or the impropriety of the act of unconstitutionality. In the case of the Union Congress, each of the Chambers shall separately surrender the report provided for in this Article.
In the procedures for actions against electoral laws, the deadlines referred to in the preceding paragraph will be, respectively, three days to make clarifications and six days to render the report containing the reasons and grounds for upholding the constitutionality of the contested law.
The admission of an action of unconstitutionality will not result in the suspension of the contested rule.
ARTICLE 65.- In the actions of unconstitutionality, the Minister Instructor according to Article 25, may apply the causals of improvenance established in Article 19 of this Law, with the exception of its fraction II in respect of electoral laws, as well as the causality to which fractions II and III of Article 20 relate.
Causals provided for in Article 19 (III) and (IV) may be applied only where the cases referred to in that Article are presented in respect of another action of unconstitutionality.
ARTICLE 66. Except in the cases in which the Attorney General of the Republic has exercised the action, the Minister Instructor shall give him a view of the document and the reports referred to in the previous article, for the purpose of the fact that before the summons for statement, make the appropriate request.
ARTICLE 67. After the reports provided for in Article 64 have been submitted or the deadline for this has elapsed, the instructor shall place the cars in the view of the parties so that they can make submissions within five days.
When the action attempted relates to electoral laws, the period specified in the preceding paragraph shall be two days.
ARTICLE 68. Until before the judgment is given, the instructor may ask the parties or the parties to whom he considers appropriate, all those elements which he considers to be necessary for the best solution of the case.
When the action of unconstitutionality is brought against an electoral law, the instructor minister may request opinion from the Superior Court of the Court Electoral of the Judiciary of the Federation.
Exhausted the procedure, the minister instructor will propose to the plenum of the Supreme Court of Justice of the Nation the draft judgment for the definitive resolution of the raised matter.
In cases of electoral matters, the draft judgment referred to in the preceding paragraph shall be submitted to the plenary session within five days of the date of the the procedure has been exhausted, the failure to deliver the judgment by the plenary at the latest within a period of five days from the time the instructor has submitted his or her project.
ARTICLE 69. The President of the Supreme Court of Justice of the Nation, either on its own initiative or at the request of a party, may decree the accumulation of two or more actions of unconstitutionality provided that the same rule is contested.
When there is a connection between actions of unconstitutionality, constitutional controversies and trials of amparo, the provisions of Articles 37 and 38 of the law.
ARTICLE 70. The appeal of the complaint referred to in Article 51 shall only take place against the orders of the Minister of the Instructor who are responsible for the failure or dismissal of the action.
In the electoral field, the deadline for lodging the complaint referred to in the previous paragraph will be three days, and the Supreme Court will decide on the matter plan, within three days of their interposition.
Of the statements
ARTICLE 71. In passing sentence, the Supreme Court of Justice of the Nation shall correct the errors that it warns in the quotation of the precepts invoked and will supply the concepts of invalidity raised in the application. The Supreme Court of Justice of the Nation may found its declaration of unconstitutionality in the violation of any constitutional precept, whether or not it was invoked in the initial document. Likewise, the Supreme Court of Justice of the Nation may found its declaration of invalidity in the violation of human rights enshrined in any international treaty of which Mexico is a party, whether or not it has been invoked in writing initial.
The sentences handed down by the Supreme Court of Justice of the Nation on the non-conformity of electoral laws to the Constitution can only refer to the violation of the precepts expressly stated in the original document.
ARTICLE 72. The Supreme Court's resolutions may only declare the invalidity of the contested rules, if they are approved by at least eight votes. If they are not approved by the indicated majority, the Court shall dismiss the action and order the file of the case.
If, after the entry into force of the declaratory, the declared invalid general rule applies, the person concerned may denounce that act in accordance with the the procedure provided for this effect in the Law of Amparo, Regulatory of Articles 103 and 107 of the Political Constitution of the United Mexican States.
ARTICLE 73. The judgments shall be governed by the provisions of Articles 41, 43, 44 and 45 of this Law.
FIRST.- This decree will take effect 30 days after its publication in the Official Journal of the Federation.
SECOND.- The constitutional and ordinary controversies pending the entry into force of this decree will be dealt with and resolved in the terms set out in the provisions applicable at the time they were initiated.
THIRD.- The second to fourth paragraphs, including Article 12 of the Fiscal Coordination Act, as well as all legal and legal provisions are repealed. regulations that oppose this law.
FOURTH.- As the present decree enters into force, the Supreme Court of Justice of the Nation will dictate the general agreements necessary for the proper application of this law.
Mexico, D.F., on April 24, 1995.-Sen. Martha Lara Alatorre, President.-Dip. Anselmo García Cruz, President.-Sen. Juan Fernando Palomino Topete, Secretary.-Dip. Ricardo Fidel Pacheco Rodriguez, Secretary.-Rubricas.
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, ten days of the month of May of a thousand nine hundred and ninety-five.- Ernesto Zedillo Ponce de León.-Heading.-The Secretary of Governor, Esteban Moctezuma Barragan.-Heading.
TRANSIENT ITEMS OF REFORM DECREES
Published in the Official Journal of the Federation on May 19, 1995
On page 5, First Section, second column, row 16 (article 20, fraction I), says:
I.- How much the acting party is desist ...
You must say:
I.- When the acting party is desist ..
DECREE for which various provisions of the Federal Code of Electoral Institutions and Procedures are reformed, added and repealed; Regulations of the Fractions I and II of Article 105 of the Political Constitution of the United Mexican States; of the Organic Law of the Judicial Branch of the Federation; of the Criminal Code for the Federal District in the Matter of the Common Future and for the entire Republic in Matter of Federal Fuero; of the Statute of Government of the District Federal; and the General Election Media System Law is issued.
Published in the Official Journal of the Federation on 22 November 1996
ARTICLE SECOND.- The first paragraph of Article 65 is Reformed. A second paragraph is added to Article 60; a third paragraph to Rule 62; a second paragraph to Rule 64, with the same text as the current second paragraph, for the third paragraph; a second paragraph to Article 67; a second paragraph; and (i) the fourth paragraph of Article 68, with the same text as the current second paragraph, in order to remain as third; a second paragraph to Article 70; and a second paragraph to Article 71; all of the Regulatory Law of the Fractions I and II of the Article 105 of the Political Constitution of the United Mexican States, to remain in the following terms:
First.- Reforms to the Regulatory Law of Sections I and II of Article 105 of the Political Constitution of the United Mexican States The second article of this Decree shall enter into force on the day of its publication in the Official Journal of the Federation.
Second.- In compliance with the second paragraph of the second transitory article of the Decree of reforms and additions to various articles of the Political Constitution the United Mexican States, published in the Official Journal of the Federation on August 22, 1996, the deadline to exercise the actions of unconstitutionality against federal and local electoral laws, which are issued before 1o. April 1997, will be of 15 calendar days and will be resolved in a plan and ultimately by the Supreme Court of Justice of the Nation without being subject to the procedure or deadlines indicated in Articles 64 to 70 of the law that is reformed by the present Decree, no longer than fifteen working days from the filing of the respective document.
TRANSITIONAL ARTICLES OF THE DECREE THAT REFORM, ADD AND REPEAL VARIOUS PROVISIONS OF THE FEDERAL CODE OF ELECTORAL INSTITUTIONS AND PROCEDURES; REGULATORY ACT OF FRACTIONS I AND II OF ARTICLE 105 OF THE POLITICAL CONSTITUTION OF THE UNITED STATES OF MEXICO; OF THE ORGANIC LAW OF THE JUDICIAL BRANCH OF THE FEDERATION; OF THE PENAL CODE FOR THE FEDERAL DISTRICT IN THE FIELD OF COMMON JURISDICTION AND FOR THE PURPOSES OF THE ENTIRE REPUBLIC IN THE FIELD OF FEDERAL JURISDICTION; THE STATUTE OF GOVERNMENT OF THE FEDERAL DISTRICT; AND THE GENERAL LAW OF THE SYSTEM OF MEANS OF IMPEACHMENT IN ELECTORAL MATTERS IS ISSUED
FIRST.- The reforms referred to in this Decree shall enter into force the day of their publication in the Official Journal of the Federation, with the particularities that are set out in the transitional provisions of each of the articles of this Decree.
SECOND.- All provisions that are opposed to this Decree are repealed.
THIRD.- On July 6, 1997, only the Head of Government and Deputies will be elected to the District Legislative Assembly for the Federal District. Federal.
All articles of the Federal District Government Statute regarding the election of the Citizens ' Councillors will be repealed.
The rules governing the substantive functions of the current Citizens ' Directors established in the current orders will continue to apply until the end of the of the period for which they were elected.
Based on the new Federal District Government Statute, the Legislative Assembly will issue provisions regarding citizen participation in the District Federal.
FOURTH.- The head of the Federal Executive Branch is authorized to carry out the transfers through the Secretariat of Finance and Public Credit. necessary budget, in order to enable the relevant authorities to comply with the obligations and to carry out the new activities that are imposed by these reforms and additions.
QUINTO.- The case-law criteria held by the Central Room and the Second Instance Room of the Federal Electoral Tribunal, as appropriate, will continue they are applicable as long as they do not object to the reforms laid down in the second, third and fourth articles of this Decree.
In order to make the case-law criteria referred to in the preceding paragraph compulsory, the formal declaration of the High Court of the Court shall be required. Electoral. The case-law shall immediately be notified to the Regional Chambers, the Federal Electoral Institute and, where appropriate, the local electoral authorities.
Mexico City, 19 November 1996.-Dip. Heriberto M. Galindo Quinones, President.-Sen. Angel Sergio Guerrero Mier, President.-Dip. Josue Valdes Mondragon, Secretary.-Sen. Jorge Gpe. López Tijerina, Secretary.-Rubicas ".
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at the nineteenth day of November of a thousand nine hundred and ninety-six.- Ernesto Zedillo Ponce de León.-Rubrica.-El Secretary of Government, Emilio Chuayffet Chemor.-Heading.
DECREE issuing the Law of Amparo, Regulatory of Articles 103 and 107 of the Political Constitution of the United Mexican States; reform and add various provisions of the Organic Law of the Judiciary of the Federation, of the Law of Law of fractions I and II of Article 105 of the Political Constitution of the United Mexican States, of the Organic Law of the Federal Public Administration, the Organic Law of the General Congress of the United States of Mexico and the Organic Law of the Attorney General's Office.
Published in the Official Journal of the Federation on April 2, 2013
ARTICLE THIRD. Article 43 is amended and articles 9 or Bis are added; 47, with a third paragraph; and 72, with a second paragraph to the Regulatory Law of fractions I and II of Article 105 of the Political Constitution of the United Mexican States, for remain as follows:
ONLY. This Decree shall enter into force on the day following its publication in the Official Journal of the Federation.
Mexico, D. F., as at 20 March 2013.-Dip. Francisco Arroyo Vieyra, President.-Sen. Ernesto Cordero Arroyo, President.-Dip. Javier Orozco Gómez, Secretary.-Sen. Lilia Guadalupe Merodio Reza, 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 request this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the first of April of two thousand thirteen.- Enrique Peña Nieto.-Rubrias.-The Secretary of the Interior, Miguel Angel Osorio Chong.- Heading.
DECREE reforming Articles 61 and 71 of the Regulatory Law of Sections I and II of Article 105 of the Political Constitution of the Mexican United States.
Published in the Official Journal of the Federation on January 27, 2015
Article Unique-Articles 61, fraction IV and 71, first paragraph, of the Regulatory Law of Sections I and II of Article 105 of the Political Constitution of the United Mexican States, to remain as follows:
Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.
Mexico, D.F., at December 15, 2014.-Dip. Silvano Aureoles Rabbit, President.-Sen. Miguel Barbosa Huerta, President.-Dip. Javier Orozco Gómez, Secretary.-Sen. Maria Elena Barrera Tapia, 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 request this Decree in the Federal Executive Branch, in Mexico City, Federal District, to twenty-three January of two thousand fifteen.- Enrique Peña Nieto.-Heading.-The Secretary of the Interior, Miguel Angel Osorio Chong.-Heading.