The limitation of legitimate interest and provisional suspensions derived from the reform of the Amparo Law can erode legal certainty, affect the competitiveness of productive chains and put jobs and investments at risk, said the National Chamber of the Transformation Industry (Canacintra).
The agency recognized the intention of the Executive to expedite processes and sanction delays in justice, but considered that some of the components of the proposal approved in the Senate may have negative consequences for the legal certainty of the national industry.
He argued that the initiative limits the legitimate interest to those who accredit a “real, current and differentiated legal injury”, which restricts the defense of collective rights and makes it difficult for business chambers or organizations to protect norms of common interest, for example, in environmental or competence matters.
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“Experts warn that this definition ‘hinders the admission of amparos’ and excludes actors who have traditionally defended complete communities and sectors,” he said in a statement.
He added that the reform to the Amparo Law excludes the possibility of immediate suspension in key cases such as accounts, public debt, financial system, telecommunications and economic competence.
In industrial terms, he explained, it means that a company can immediately lose its concession or authorization, even if a judge later gives the reason, which generates a severe regulatory risk and discouraged investment.
Canacintra said that the proposal eliminates the possibility of expanding the demand in most cases, and the protection against fiscal procedures for the execution and prescription of firm credits is limited.
“This leaves companies with fewer ways to defend themselves against tax decisions that can seriously affect their liquidity and operational continuity,” he said.
He pointed out that the initiative would allow authorities to be exempt from criminal responsibility if they claim legal or material impossibility to comply with a sentence.
He pointed out that this provision could weaken the effectiveness of the amparos won by companies, since the resolutions in their favor may not translate into effective repair.
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He stressed that telecommunications, broadcasting and economic competition are out of the possibility of suspension, and that for industries that depend on concessions and authorizations in these sectors, implies immediate vulnerability to administrative acts, even if they are illegal.
He urged Congress not to approve “regressive provisions” that improperly restricted the legal defense of companies and citizens.
He requested inclusive Parliament forums, where jurists, constitutionalists and business representatives participate, in order to correct the alleged risks.
“Canacintra maintains its willingness to constructive dialogue, convinced that a legitimate reform must strengthen justice without sacrificing constitutional guarantees that allow Mexico to grow and compete in the world,” he added.
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