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Thursday, June 6, 2013

Mexico Supreme Court to Train Judges to Correctly Apply New Law of Protection

Juan Silva Meza, President of the Supreme Court of Mexico
Milenio: Rubén Mosso

The president of the Supreme Court of Justice of the Nation, Juan Silva Meza, urged federal judges to break with the inertia and customs of the past, so they don't pose a risk to the proper implementation of the new Law of Amparo.
"Beyond the natural obligation of judges to be updated, the new Law of Amparo requires us to review the habits that sustain our way of exercising the administration of justice, because our customs and inertia, in the exercise of the office of judge, cannot become a dam or, worse, a risk to the proper implementation of the new legislation," he said. 
MV Note: 'Amparo', literally 'protection', is a legal right granted in the Mexican Constitution to citizens and corporations that they may appeal to successively higher courts for an order of protection against an action of any level of government that they believe violates their rights. The amparo is comparable, in U.S. law, to an injunction to block a government action or an appeal of a judicial decision, including a criminal conviction.
Announcing the launch of the National Program for Training and Dissemination Regarding Amparo, which will be given to the staff of the Judiciary of the Federation, the president and justice said the Constitution has been refined, and the judges assigned to protecting it must also be updated. He said the judicial function cannot remain static or complacent, nor stop being self-critical.
"The holders of this responsibility should be aware that we cannot be so, or future constitutional reforms will be very difficult to implement if there are interpretations or attitudes of the past.
"Therefore, we must ask novel questions. By way of example: Can one consent to violation of human rights? Can one consummate, in an irreparable manner, a violation of that nature? Is a suit for amparo permissible that doesn't value the human rights that were violated?" commented Silva Meza.
Addressing members of the Council of the Federal Judiciary, the Chief Justice said that a more unified vision by the judges regarding the new principles that guide amparo in Mexico will be essential in order to build the jurisprudence of the new era. This will allow the general public to also go on forming the judgments and debates, that going forward, are needed in order to implement this new law.

The training program on the new Law of Amparo will start on June 17 at the Federal Judicial Institute. The course will analyze the developments of the new legislation, highlight the problems generated by its daily application in courts and tribunals, and review proposed solutions to the challenges that application of the law may produce, Juan Silva Meza explained.

In addition, the Court, through its 52 Houses of Legal Studies and supported by the Association of Secretaries of Study and Account of the High Court, will carry out other workshops and seminars. Spanish original