Courts are swamped with amparo proceedings; this is denounced as a strategy

Note published on October 4 in Reforma, Negocios [Business] Section by Verónica Gascón.
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Note published on October 4 in El Norte, Negocios [Business] Section by Verónica Gascón.
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Note published on October 4 in Mural, Negocios [Business] Section by Verónica Gascón.
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Dissent against several laws issued in relation to labor, energy and telecommunication matters have placed courts in a tight spot, as they do not have the capacity to process the amparo proceedings filed by individuals.

For example, amparo suits against the reform on subcontracting matters were centralized in the Eight Court on Labor Matters, in Mexico City, and labor lawyers warn that there is a complete saturation.

Ricardo Martínez, a lawyer at  De la Vega & Martínez, said that it is a strategy to avoid suspensions of the law

“The judge herself said that there are 2 thousand amparo proceedings and, due to this, it is not even possible to admit or grant suspensions as required by law or to provide a fast and expeditious justice, as should be the case.

“In a strategy to delay the process, they sent them all there. There are boxes on top of more boxes in the court and this is causing a slow progress of justice”, said Martínez.

He pointed out that the Judiciary Council gave the instruction to accumulate all of the amparo proceedings in that court.

Other specialized courts have also been swamped in amparo proceedings against legislations such as the Hydrocarbons Law, the Electrical Industry Law, the Law on Advertising and the Telecommunications Registry.

“More than 6 thousand suits were filed against the Telecommunications Registry and that affected the only two courts that address competition, telecommunications and broadcasting matters.

“They take a long time in the sole process of filing the complaints, they are processing almost 200 of them each day, but there is a backlog of 5 thousand”, said Miguel Flores Bernés, of the International Chamber of Commerce.

He assured that this is the first time since the creation of the Specialized Courts, in 2013, that this accumulation of cases has occurred.

“It had never happened before that there were so many laws that were clearly unconstitutional promoted by the Legislative and the Executive Powers and individuals were left with the sole option of resorting to amparo suits”, noted Flores Bernés.

He said that the problem is that courts are not admitting complaints or granting suspensions and, therefore, the controverted laws are being applied.