Mexico 1917 Constitution (reviewed 2015)

CHAPTER IV. The Judicial Branch

Article 94

The judicial power of the United Mexican States is vested in a Supreme Court of Justice, an Electoral Court, specialized circuit courts, unitary circuit courts and the district courts.

The Federal Judicial Council shall deal with matters of administration, supervision and discipline for Mexican federal judges, except for the Supreme Court of Justice of the Nation, according to the provisions established by law.

The Supreme Court of Justice of the Nation shall consist of 11 Justices and shall work at plenary meetings or at courtrooms.

Sessions in plenary meeting or in courtrooms shall be public, in accordance with the law. Sessions may be secret whenever public interest or public morality should so require it.

The laws shall regulate, based on this Constitution, powers and functioning of the Supreme Court of Justice, the circuit courts, the district courts and the Electoral Court. The law shall establish liabilities for the Judicial Power’s employees.

The Federal Judicial Council shall define the number, district division, territorial competence and subject matter specialization—including broadcasting, telecommunications and economic competition—of collegiate and unitary circuit courts, as well as of the district courts.

Likewise, it shall have the power to issue general covenants in order to create circuit courts, according to the number and specialization of the collegiate courts that belong to each circuit. The laws shall regulate integration and operation of these circuit courts.

The Supreme Court of Justice in plenary meeting shall have the power to issue general covenants in order to achieve an adequate distribution of issues among the courtrooms and to submit to the specialized circuit courts those cases where they shall have established precedents and those affairs selected by the Supreme Court in order to deal with the cases promptly. Said covenants shall come into force after being published.

Constitutional adjudications [amparo], constitutional controversies and unconstitutionality claims shall have priority when one of the chambers of the Congress, through its Speaker, or the President of the Republic, through its Legal Councilor, justifies the urgency on the basis of social interest or the law and order, in accordance with the regulatory laws.

The law shall define the cases where precedents established by the federal and circuit courts shall be compulsory, relating to interpretation of the Constitution and general laws, as well as the requirements for interruption and modification thereof.

Remuneration granted to the Justices of the Supreme Court, the circuit judges, the district judges, the councilors of the Federal Judiciary and the electoral judges, may not be reduced during their term.

Justices of the Supreme Court shall be appointed for a 15 years term, they may be removed only in the cases provided in the Title Four of this Constitution. Justices shall be entitled to a retirement payment at the end of their term.

Supreme Court Justices cannot serve a second term, unless they have held the office as provisional or interim ministers.

Article 95

To be appointed as Justice of the Supreme Court of Justice of the Nation, it is required:

1. To be a Mexican citizen by birth, with legal capacity to exercise his political and civil rights.
2. To be at least 35 years old to the date of the appointment.
3. To hold, at the date of the appointment, a law degree for at least the past 10 years, issued by an institution legally empowered for that purpose.
4. To have a good reputation and not have been convicted for a crime punishable by imprisonment for more than one year. However, should the crime have been robbery, fraud, forgery, breach of confidence or any other which would seriously damage good reputation, he shall be disqualified for office, whatever penalty may have been.
5. To have lived in the country the last two years before appointment.
6. To not have been Secretary of State, Attorney General, Senator, Federal Representative, Governor or Head of the Federal District Government for a whole year previous to the appointment date.

Preferably, Justices shall be persons who have served with efficiency, ability and integrity in the dispensation of justice, or who have distinguished themselves by their honor, ability and career in the legal field.

Article 96

For appointment of a Justice of the Supreme Court, the President of the Republic shall submit a list of three candidates to the Senate, who should present before the Senate. Within a 30-day period, the Senate shall choose one of the candidates by the vote of two thirds of the present members of the Senate. This period may not be extended. Should the Senate not decide within such term, then the President of the Republic shall appoint one person from the list he has proposed.

If the Senate rejects all the three candidates in the list, the President of the Republic shall submit a new list of three candidates, considering the provisions established in the previous paragraph. If the Senate rejects this second list completely, the President of the Republic shall appoint one person from such list.

Article 97

The Federal Judicial Council, based on objective criteria and observing the requirements and procedures established by law, shall appoint district and circuit judges. District and circuit judges shall be appointed for a six years term. At the end of such term, they may be ratified or promoted, in such case, they may be dismissed only in the cases described by the law and following the established procedure.

The Supreme Court of Justice can request the Federal Judicial Council to investigate the behavior of a federal judge or magistrate.

The Supreme Court of Justice shall have the power to appoint and remove its secretary, officials and employees. Magistrates and judges shall have the power to appoint and remove the officials and employees for the circuit courts and district courts, observing the regulation about the judicial career.

Every four years, the Supreme Court of Justice, in plenary meeting, shall appoint a president for the Supreme Court from among its members. The President of the Supreme Court cannot be reelected for the next immediate term.

Each minister of the Supreme Court of Justice, upon taking office, takes the following oath before the Senate:

Speaker of the Senate: “Do you swear to loyally and patriotically perform the position of Justice of the Supreme Court of Justice of the Nation, which has been conferred upon you, and to observe and uphold the Political Constitution of the United Mexican States and the laws that emanate from it, pursuing the welfare and prosperity of the country?”

Justice: “Yes, I do.”

Speaker of the Senate: “If you do not fulfill these obligations, may the Nation demand it of you.”

Circuit magistrates and district judges shall take the oath before the Supreme Court of Justice and the Federal Judicial Council.

Article 98

Whenever the absence of a Justice exceeds one month, the President of the Republic shall submit a list of three candidates to the Senate in order to elect one interim Justice according to that established in the Article 96 of this Constitution.

Should a Justice be absent by cause of death or any other definitive cause, the President of the Republic shall submit a list of three candidates to the Senate in order to elect one according to that established in the Article 96 of this Constitution.

Resignation of a Justice shall be accepted only due to serious offence. Resignation shall be submitted to the President of the Republic, who, if accepts it, shall in turn submit resignation to the Senate.

The Supreme Court of Justice can grant leave permits to the Justices if the leave do not exceed one month. Those leaves exceeding such term shall be granted by the President of the Republic with the Senate’s approval. No leave may exceed a term of two years.

Article 99

The Electoral Court shall be the highest authority in this area and the specialized body of the Federal Judicial Branch, with exception of what is established in the Article 105, paragraph II, of this Constitution.

The Electoral Court shall work on a permanent basis; it shall have a Superior Electoral Court and regional electoral courts. Resolving sessions of the Electoral Court shall be public in accordance with the law. The Electoral Court shall have enough legal and administrative personnel for an appropriate performance.

The Superior Electoral Court shall be integrated by seven electoral magistrates, who shall appoint a president of the Electoral Court among them to hold the office for a period of four years.

The Electoral Court shall resolve the issues listed below, in a definitive an irrefutable manner, observing the provisions established by this Constitution and the applicable law:

1. Appeals of elections regarding federal representatives and senators.
2. Contestation of election of the President of the Republic. Only the Superior Electoral Court can resolve such kind of contestations.The Superior electoral Court and the regional electoral courts can annul an election only due to the causes expressly indicated in the law.

   The Superior Electoral Court shall carry out the final count of votes in the election of the President of the Republic, provided that contestations thereof have been resolved. Then, the Electoral Court shall declare the validity of the election and shall name the elected President, i.e., the candidate who has obtained the highest number of votes.

3. Contestations of acts and resolutions issued by the federal electoral authority, different to those mentioned in the two previous paragraphs.
4. Contestations of final acts and resolutions issued by the state electoral authorities related to organization and assessment of elections; as well as controversies arisen during the election process that could affect such election process or the results thereof. This procedure shall be admissible only when the remedy requested is physically and legally possible within the electoral terms, and provided that it is feasible to be implemented before the date legally established for set up of the electoral bodies or for inauguration of elected officials.
5. Contestations regarding acts and resolutions that infringe political-electoral rights of citizens: right to vote, right to be elected, right to freely join a party, right to peaceful assembly, according to this Constitution and laws. Contestations, filed by citizens against the political party they are affiliated, will be valid only if the plaintiff has exhausted all the instances provided by the party for solution of internal conflicts. The law shall establish regulations and terms for this kind of contestations.
6. Labor conflicts between the Electoral Court and its employees.
7. Labor conflicts or differences between the National Electoral Institute and its employees.
8. Definition and imposition of sanctions by the National Electoral Institute on political parties, political associations, private or legal entities, either national or foreign, who have infringed the provisions provided by this Constitution and the laws.
9. The matters that the National Electoral Institute submits to its consideration for the violations stated in the item III of the Article 41 and the 8th paragraph of the article 134 of this Constitution; to the regulation about the political and electoral propaganda and for performing anticipated pre-campaign and campaign acts.
10. Others that the law establishes

The courtrooms of the Electoral Court shall make use of the necessary coercive means in order to enforce their sentences and resolutions, in accordance with the terms established by law.

Without prejudice to the Article 105 of this Constitution, the courtrooms of the Electoral Court can determine not to apply electoral laws that are contrary to this Constitution. Such kind of resolutions shall be limited to the concrete case in question. In such event, the Superior Electoral Court shall notify the Supreme Court of Justice of the Nation.

When a courtroom of the Electoral Court defends an argument on the unconstitutionality of an act or resolution, or on the interpretation of a constitutional provision, and such argument may be contradictory to the one sustained by the Supreme Court of Justice or its courtrooms, then any of the Justices, courtrooms or parties can denounce the contradiction, according to the terms established by the law. The Supreme Court of Justice of the Nation, in plenary meeting, shall decide definitely which argument shall prevail. Such kind of resolutions shall not affect the cases already decided.

This Constitution and the laws shall regulate the organization of the Electoral Court, the jurisdiction of the courtrooms, the procedures to decide the affairs, as well as the mechanisms to set mandatory legal precedents in this matter.

The Superior Electoral Court can bring cases from regional electoral courts at their request. Likewise, the Superior Electoral Court can submit cases to the regional electoral courts for resolution. The law shall establish regulations and procedures to exercise such kind of power.

In accordance with the terms provided by the law, the administration, supervision and discipline of the Electoral Court shall pertain to a committee of the Federal Judicial Council, which shall be composed of: a) the president of the Electoral Court, who shall chair; b) a magistrate from the Superior Electoral Court, elected by secret vote; and c) three members of the Federal Judicial Council. The Electoral Court shall submit its proposal about its own budget to the president of the Supreme Court of Justice in order to be included in the budget of the federal judicial branch. The Electoral Court shall issue its own internal regulations and decrees it should require to operate adequately.

Magistrates composing the superior and the regional courts of the Electoral Court shall be proposed by the Supreme Court of Justice and elected by the vote of the two-thirds of the senators present. Election of the magistrates shall be staggered, observing the rules and procedures established by law.

Magistrates composing the Superior Electoral Court shall meet the requirements stated by the law, which may not be less than those required to be a minister of the Supreme Court of Justice of the Nation. Magistrates shall hold the office for a term of nine years. This term cannot be extended. The magistrates of the Superior Electoral Court shall submit their resignations, leaves and permits to the Superior Court of the Electoral Court, which shall process and grant them, as applicable according to the Article 98 of this Constitution.

Magistrates composing the regional courts of the Electoral Court shall meet the requirements stated by the law, which may not be less than those required to be a circuit magistrate. Regional magistrates shall hold the office for a term of nine years. This term cannot be extended, unless they get a promotion.

In case of a definitive vacancy, a new magistrate shall be appointed, who shall finish the term.

Labor relations between the Electoral Court and its employees shall be regulated by the rules applicable to the federal judicial branch and by the special laws and exceptions applicable to them.

Article 100

The Federal Judicial Council shall be a body belonging to the federal judicial branch and shall have technical and operational independence and shall also be independent to issue its resolutions.

The Federal Judicial Council shall be composed of seven members: the president of the Supreme Court of Justice, who shall also be the chairman of the Council; three councilors appointed by the Supreme Court in plenary meeting, by at least eight votes; the candidates proposed by the Supreme Court shall be circuit magistrates or district judges; two councilors appointed by the Senate and one councilor appointed by the President of the Republic.

All councilor shall meet the requirements established in the Article 95 of this Constitution and shall be individuals who have distinguished themselves through professional and administrative capacity, honesty and honor in the conduct of their activities. In the case of the councilor appointed by the Supreme Court, they must also have a good professional reputation within the field of the judiciary.

The Federal Judicial Council shall work at plenary meeting or at committees. The plenary meeting of the Council shall decide on appointment, assignment, ratification and dismissal of magistrates and judges, as well as on other affairs defined by the law.

Except by the chairman of the Council, the councilors shall hold the office for a period of five years, they shall be replaced in a staggered manner. Councilors cannot be appointed for a second period.

The councilors do not represent the institutions appointing them; therefore, they shall perform their duties in an independent and impartial manner. They may be dismissed only in accordance with the provisions established in the Title Four of this Constitution.

The law shall create the basis to provide training and updating to the public officials, as well as to the development of the judicial career, which shall be governed by the principles of excellence, objectivity, impartiality, professionalism and independence.

The Federal Judicial Council shall have the power to make and execute general covenants in order to achieve an adequate performance of its duties. The Supreme Court of Justice can request the Council to make and execute those general covenants that are necessary to achieve an adequate performance of the federal duties. The Supreme Court of justice can also review such covenants and, if necessary, revoke them by a majority of at least eight votes. The law shall regulate the exercise of these powers.

Federal Judicial Council’s decisions are final and irrefutable, therefore, no trial or legal instrument is accepted against such decisions, except by decisions related to appointment, assignment, ratification and dismissal of magistrates and judges. Such kind of decisions can be reviewed by the Supreme Court of Justice only with the purpose to verify they have been taken according to the rules established in the applicable organic law.

The Supreme Court of Justice shall propose its own budget, and the Federal Judicial Council shall propose the budget for the rest of the federal judicial branch, but complying with the provisions established in the Article 99, paragraph seventh, of this Constitution. These budgets shall be submitted by the President of the Supreme Court of Justice in order to include them into the Nation’s federal budget. The President of the Supreme Court of Justice shall manage the Supreme Court’s internal affairs.

Article 101

Justices of the Supreme Court of Justice, circuit magistrates, district judges, their respective clerks, councilors of the Federal Judicial Council and the magistrates of the Superior Electoral Court cannot accept or perform any other job or assignment, either in a private company or in the federal or state government, or in the Federal District Government, except for those performed for free in scientific, educational, literary or charitable associations.

Justices of the Supreme Court of Justice, circuit magistrates, district judges, councilors of the Federal Judicial Council and magistrates of the Superior Electoral Court, within the two years after finishing their respective term, shall not be allowed to work as attorneys, lawyers or legal representatives in any case before the agencies belonging to the federal judicial power.

During the same term, the former Justices cannot be appointed for such positions mentioned in the Article 95, paragraph VI of this Constitution, unless they have been appointed as provisional or interim.

Impediments established in this article will apply also to the judicial officials who are granted a leave permit.

In the event of infringement of the provisions stated in the previous paragraphs, the offenders shall be punished with dismissal and loss of benefits, even benefits that could correspond to such position in the future, in addition to the other penalties established by law.

Article 102

1. The Public Prosecution Service shall be organized by an Office of the Attorney General as an autonomous public organ with legal personality and endowed with its own patrimony.To be appointed as Attorney General it is required to be a Mexican citizen by birth; to be at least thirty five years old on the day of the appointment; to hold at least for ten years the professional degree of bachelor in law; to enjoy a good reputation; and not to have been convicted for a serious crime.

   The Attorney General shall remain in office for nine years and shall be appointed and removed according to the following provisions:

   1. Given a definitive absence of the Attorney General, the Senate will have twenty business days to draft a list of at least ten candidates to occupy the office, once the list is approved by two thirds of the present members of the Senate it will be sent to the Federal Executive.If the Federal Executive does not receive the list within the time limit stated in the previous paragraph, he will freely send a list of three candidates to the Senate and shall provisionally appoint the Attorney General who will be in functions until a definitive appointment is made according to this article. In this case, the Attorney General provisionally appointed shall participate in the list of three.
   2. Once the Federal Executive receives the list described in paragraph I, the Executive shall send, within the next ten days, a list of only three candidates to the Senate for their consideration.
   3. Based on the list of three sent by the Executive and previous appearance of the nominated persons, the Senate will appoint the Attorney General with the vote of the two thirds of the senators present. The Senate will have ten days to make the appointment.In case that the Federal Executive does not send a list of three described in the previous paragraph the Senate will have ten days to appoint the Attorney General from the list of candidates described in fraction I of this article.

      If the Senate does not comply with the time limits for the appointment as is stated in the previous paragraphs, the Executive shall appoint the Attorney General from the candidates drafted in the list of ten or, if it is the case, from the list of three presented.

   4. The Executive may remove the Attorney General due to serious causes established by the law. An objection to the removal may be made by the vote of the majority members of the Senate present within a time limit of ten business days. In this case the Attorney General shall be reinstated to its functions. If the Senate does not pronounce itself about the removal it will be understood that there is no objection to it.
   5. During the Senate recess, the Permanent Committee shall call for an extraordinary session immediately in order to decide about the appointment or removal objection of the Attorney General.
   6. The absences of the Attorney General shall be substituted in the terms described by law.The Public Prosecution Service shall have the power to prosecute in court all the federal crimes and to request precautionary measures or arrest warrant against the accused. The Public Prosecution Service has the duty to procure and submit evidence to prove the defendant’s liability in the acts that the law specifies as crimes; it will procure that federal criminal trials are carried out with regularity so that justice may be provided in a prompt and expeditious manner, it will also request the imposition of penalties and will intervene in all matters determined by law.

      The Office of the Attorney General shall be organized, at least, by the specialized agency for the prosecution of electoral crimes and the anti-corruption specialized prosecution agency. The Attorney General has the power to appoint or remove the head prosecutors of these specialized agencies. The Senate may object the appointment or removal of those prosecutors by the vote of two thirds of the present members of the Senate within the time limit specified by law. If the Senate does not pronounce itself about the appointment or removal it would be understood that there is no objection to the act.

      The law shall establishes the basis for the training and updating of the public servants that work at the Office of the Attorney General, as well as the basis for the professional development of them. These bases shall follow the principles of legality, objectivity, efficiency, professionalism, honesty, and the respect for human rights.

      The Attorney General shall present before the Legislative and Executive powers a report of the activities performed by the Office he/she leads. When any of the Chambers of the Congress summons the Attorney General he shall appear before them to account for his performance or inform about his administration.

      The Attorney General and his agents will be responsible of any fault, omission or violation to the law occurred by reason of their functions.

2. The Congress of the Union and the state legislatures, under their respective jurisdictions, shall establish agencies directed to protect the human rights which are recognized by the Mexican legal system. Such agencies shall receive all the complaints against administrative actions or omissions committed against human rights by any public office or employee, except for the officials working for the federal judicial branch.These agencies shall issue public recommendations, which shall not be compulsory. They also shall file accusations and complaints with the appropriate authorities. All public servants are obliged to answer the recommendations issued by these agencies. When the authorities or public servants responsible do not accept or enforce these recommendations, they must substantiate such refusal and make their refusal public. In addition, the Senate, the Permanent Committee or the state legislatures, as appropriate, may call, at the request of these agencies, the authorities or public servants responsible to appear and explain the reasons of such refusal.

   These agencies shall not have jurisdiction over electoral and jurisdictional matters.

   Such kind of agency, created by the Congress of the Union, shall be called National Human Rights Commission. It shall have managerial autonomy, legal personality and endowed with its own patrimony.

   The state constitutions and the Federal District Charter shall establish and guarantee the autonomy of the agencies that protect the human rights.

   The National Human Rights Commission shall have a Board of Advisors, which will be composed of ten councilors, who shall be elected by two thirds of the members present at the Senate, or at the Permanent Committee during the congress recess. The law shall establish the procedure to be followed by the Senate to nominate the candidates. Every year, the most senior councilors shall be replaced, unless they are proposed and ratified for a second term.

   The President of the National Human Rights Commission, who shall also be the President of the Board of Advisors, shall be elected following the procedure established in the previous paragraph. The President of the National Human Rights Commission shall hold office for a five years term and may be reelected once only. He/she may be dismissed only in the cases established in the Title Four of this Constitution.

   The election of the President of the National Human Rights Commission, as well as the members of the Board of Advisors and the heads of the state human rights commissions, shall be subject to a public consultation procedure, which shall meet the requirements established by law.

   The President of the National Human Rights Commission shall submit an annual report to the three branches of the Union. For this purpose, he/she shall appear before both Houses under the terms established by law.

   The National Human Rights Commission shall hear complaints against the resolutions, covenants and omissions made by the state human rights commissions.

   The National Human Rights Commission can investigate serious violations of human rights when it considers so or at the request of the President of the Republic, the Senate, the House of Representatives, a governor, the Head of the Federal District Government, or a state congress.

Article 103

The federal courts shall resolve all disputes concerning:

1. Laws or acts issued by the authority, or omissions committed by the authority, which infringe the fundamental rights recognized and protected by this Constitution and the international treaties signed by Mexico.
2. Laws or acts issued by the federal government and which break or restrict the sovereignty of the Mexican states or the Federal District.
3. Laws and acts issued by the state authorities or the Federal District Government, which invade the federal authority’s jurisdiction.

Article 104

The federal courts shall have jurisdiction over:

1. Proceedings related to federal crimes.
2. Any civil or mercantile controversy arisen about the observance and enforcement of federal laws or international treaties signed by Mexico. The plaintiff can filet such kind of controversy with an ordinary court when the controversy affects only private interests. Sentences pronounced by a trial court may be challenged with the appropriate appellate court.
3. Review resources filed against final rulings pronounced by the contentious-administrative courts mentioned in the article 73, paragraph XXIX-H and in the Article 122, first basis, section V, subdivision (n), of this Constitution, but only in the cases indicated by the law. Review resources that are to be heard by the specialized circuit courts shall be subject to the formalities established by the statutory law of the articles 103 and 107 of this Constitution. No trial or legal instrument shall be admissible against the rulings pronounced by the specialized circuit courts on such review resources.
4. Any controversy relating to maritime law.
5. Any controversy where the Federal Government is an interested party.
6. Any controversy or action mentioned in the Article 105, which can be resolved exclusively by the Supreme Court of Justice.
7. All disputes between a Mexican state and one or more neighbor states.
8. Al controversies regarding diplomats and consuls.

Article 105

The Supreme Court of Justice of the Nation shall resolve the cases related to the following topics, in accordance with the provisions established by the applicable statutory law:

1. About constitutional disputes, except for those referring to electoral matters, between:
   1. The Federal Government and one state or the Federal District.
   2. The Federal Government and one municipal authority.
   3. The Executive Power and the Congress of the Union; the President of the Republic and any of the Houses; or the President of the Republic and the Permanent Committee, acting as federal bodies or as Federal District’s bodies.
   4. Two states.
   5. A state and the Federal District.
   6. The Federal District and a municipal council.
   7. Two municipal councils belonging to different states.
   8. Two powers belonging to the same state about the constitutionality of their acts or regulations.
   9. A state and one of its municipal councils, about the constitutionality of their acts or regulations.
   10. A State and a municipal government belonging to another State, about the constitutionality of their acts or general norms.
   11. Two governmental bodies belonging to the Federal District Government, about the constitutionality of their acts or general norms.
   12. Two autonomous constitutional entities or between one autonomous constitutional entity and the Federal Executive or the Mexican Congress when the issue is related to the constitutionality of their acts or general norms. This article is also applicable to the National Transparency Agency [organo garante] established in the 6th Article of this Constitution.

   The rulings taken by the Supreme Court of Justice, by a majority of eight vote, invalidating general provisions, shall have general compulsory effect; provided that the respective controversy is generated by the general provisions issued by a state or a municipal council, and which are challenged by the Federal Government; or by the general provisions issued by a municipal council and which has been challenged by the state; or in the cases indicated in paragraphs “c”, “h” and “k”.

   In all other cases, the rulings pronounced by the Supreme Court of Justice shall have effect only on the particular case in question.

2. Unconstitutionality lawsuits directed to raise a contradiction between a general regulation and this constitution.Unconstitutionality lawsuits shall be initiated within the 30 days after publication of the regulation, they shall be initiated by:
   1. Thirty-three percent of the members of the House of Representatives against federal laws or laws enacted by the Congress and applicable to Federal District.
   2. Thirty-three percent of the members of the Senate against federal laws or laws enacted by the Congress and applicable to Federal District, or against international treaties signed by the Mexican State.
   3. The Executive Federal, through its Legal Government Counselor, against general norms of the federation or the federal entities.
   4. Thirty-three percent of the members of a state legislature, against laws enacted by such state legislature.
   5. Thirty-three percent of the members of the Federal District’s Assembly of Representatives, against laws enacted by the Assembly.
   6. The political parties registered before the National Electoral Institute, through their national leaders and against federal or local electoral laws; also, the state parties with local registration, through their leaders, only against laws enacted by the state legislature that granted them registration.
   7. The National Human Rights Commission, against federal or state laws or laws enacted by the Federal District Government; as well as law against international treaties signed by the President of the Republic and approved by the Senate, which hamper the human rights system established in this Constitution and in the international treaties that Mexico has ratified. Likewise, the human right protection organs, equivalent to the National Commission for Human Rights in the federal entities against local legislation issued by the Local Congress and the Federal District Commission for Human Rights against the laws issued by the Federal District Legislative Assembly.
   8. The National Transparency Agency [organo garante] established in the 6th Article of this Constitution against federal, local laws and laws of the Federal District, as well as international treaties signed by the Federal Executive and approved by the Senate when these diminish the right of access to information and the protection of personal data. Likewise, the local transparency agencies [organos garantes locales] may present an unconstitutional inquiry against the local laws enacted by the State Legislatures or the Federal District Transparency Agency can do so against the laws enacted by the Federal District Assembly.
   9. The General Attorney in regard to the federal and local criminal laws and criminal procedure laws, as well as other issues related to his functions.

   The only mechanism to present a non-conformity against electoral laws to the Constitution is the one stated in this article.

   The federal and local electoral laws shall be enacted and issued at least ninety days before the electoral process begins given that these laws will be applied. During the electoral process there shall not be any fundamental legal modifications.

   The resolutions of the Supreme Court of Justice may only declare the invalidity to the challenged norms if the resolution is approved by a majority of at least eight votes.

3. By its own motion, or by motion justified and submitted of the corresponding unitary circuit court or of the Federal Executive through its Legal Government Counselor, as well as of the Attorney General in the matters that concern to the Public Prosecution Service. The Supreme Court of Justice can hear appeals against rulings pronounced by district judges, provided that the Federal Government is an interested party in the case and such case is transcendental.

Invalidations mentioned in the sections I and II of this article may not have retroactive effects, except by criminal matter, where criminal general principles and legal provisions shall govern.

In case of failure to comply with the rulings mentioned in the sections I and II of this article, the procedures established in the Article 107 section XVI of this Constitution shall be applied.

Article 106

The Judicial Branch shall resolve the controversies that could arise between two federal courts related to their jurisdictions, or between a federal court and a state court, or between a federal court and a Federal District’s court, or between two courts belonging to different states, or between a state court and a Federal District’s Court.

Article 107

All controversies mentioned in the article 103 of this Constitution, except for electoral controversies, shall follow the legal procedures and formalities established by the statutory law, according to the following principles:

1. The constitutional adjudication (appeal on the grounds of unconstitutionality) shall be carried out at the request of the offended party. The offended party is the holder of an individual or collective right, which has been violated by the challenged act, affecting his/her legal framework, either directly or by the means of his/her special situation before the legal system.Regarding acts or rulings pronounced by administrative or labor courts, the plaintiff must argue that he/she holds a subjective right that has been directly and personally affected.
2. The sentence pronounced in a constitutional adjudication shall cover only to the plaintiffs, protecting them only in the specific case concerned in the complaint.If a court rules unconstitutionality of a general provision for a second consecutive time in constitutional adjudications, the Supreme Court of Justice of the Nation must notify the authority that enacted such provision.

   When the bodies belonging to the Federal Judicial Branch establish legal precedents by repetition, ordering unconstitutionality of a general provision, the Supreme Court of Justice of the Nation shall notify the authority that enacted such provision. If after 90 days the unconstitutionality is not overcome, the Supreme Court of Justice of the Nation shall issue a general declaration of unconstitutionality, indicating its scope and conditions, according to the statutory law. Such declaration must be approved by a majority of 8 votes.

   The previous two paragraphs do not apply to general provisions for taxation.

   In a constitutional adjudication, any deficiency regarding the terms “violation” and “grievances” should be corrected by the court, according to that established in the statutory law.

   Whenever the acts claimed in the constitutional adjudication deprive or may deprive the farming cooperatives or communities or their members of their lands, waters, pasture and mountains, all evidence that could benefit any of the aforesaid entities or individuals must be obtained at the court’s own motion, and any proceedings that could be necessary to prove their rights must be ordered to establish their agrarian rights. Also, the nature and consequences of the claimed acts shall be defined.

   In the constitutional adjudication mentioned in the preceding paragraph, dismissal of the suit because of procedural inactivity or by discontinuance shall not be admissible to the detriment of farming cooperatives or indigenous communities, or to the detriment of a native or joint-title farmer. However, this kind of proceedings shall be admissible to their benefit. Waiving or express consent shall not be accepted when the claimed acts affect the community’s rights, unless waiving or express consent are agreed by the General Assembly of the farming cooperative.

3. The constitutional adjudication against rulings pronounced by judicial, administrative or labor courts shall be admissible only in the following cases:
   1. Against final rulings, binding judgments or resolutions that end the trial, no matter if infringement is committed by such rulings, binding judgments or resolutions, or during the proceeding affecting the plaintiff’s defense and the verdict. Regarding the constitutional adjudication mentioned in this subdivision and in the section V of this article, the specialized circuit court shall decide on all infringements to the proceedings and the corrections to the brief, establishing the terms for the new ruling. If such violations were not reported in the first constitutional adjudication, and the specialized court did not decided on the subject, then they cannot be invoked in a second constitutional adjudication.The party who has obtained a favorable ruling, as well the party who has legal interest that the act in question persists, can file a constitutional adjudication in addition to the one filed by any of the parties involved in the trial that generated the challenged act. The law shall determine the procedure and requirements to file such trial.

      For the constitutional adjudication admissibility, first the plaintiff must exhaust the ordinary instruments provided by the applicable law, which may be suitable to modify or revoke the final sentence, binding judgment or ruling, except for the cases when the law allows plaintiff to waive such resources.

      Violations to the procedural law should be invoked when challenging the final rulings, binding judgments or resolutions that end the trial, provided that the plaintiff has challenged them through the ordinary instruments. However, this requirement does not apply to the constitutional adjudication filed against acts which affect the rights of minors or disabled persons, or affect the marital status or the family’s order and stability, or the criminal acts filed by the defendant.

   2. Against acts in trial which enforcement would render them impossible to restitute, provided that all applicable appeals have been exhausted.
   3. Against acts affecting persons who are not involved in the trial.
4. Regarding the administrative matter, the constitutional adjudication is accepted also against rulings pronounced by other authorities, different to the judicial, administrative and labor courts, which caused irreparable offence. It is necessary to exhaust these means of defense, provided that the effects of such acts have been suspended by the court or by the plaintiff through the appropriate legal instrument. In this case, the constitutional adjudication shall have the same scope than the one indicated by the statutory law, and the requirements will be the same as required to grant the final suspension. Also, the term shall not be greater than the one established for provisional suspension, regardless of whether the act may be suspended or not, according to the law.It is not necessary to exhaust such means of defense when the challenged act has no grounds, or when only direct violations to this Constitution are argued.
5. The constitutional adjudication against final sentences, binding judgments or rulings that end the trial, shall be filed with the competent specialized circuit court, according to the law, in the following cases:
   1. Relating to criminal matter, against final rulings pronounced by federal, ordinary or military courts.
   2. Relating to administrative matter, when private persons challenge final sentences or rulings pronounced by administrative or judicial courts, provided that such sentences or rulings are not repairable through a legal instrument, trial or any other ordinary means.
   3. Relating to civil matter, against final sentences pronounced in federal trials, or in federal or local mercantile trials, or in trials for common crimes.In federal civil cases, sentences may be challenged through the constitutional adjudication by any of the interested parties, even the Federal Government, in defense of its pecuniary interests.
   4. Relating to labor issues, when adjudication pronounced by a federal or local Commission for Conciliation and Arbitration or by the Federal Court of Conciliation and Arbitration for public employees were challenged.

   The Supreme Court of Justice may, by its own motion or by motion of the collegiate circuit court, the Attorney General in the issues that concern to the Public Prosecution Service, or by the Federal Executive through its Legal Government Counselor, hear direct constitutional adjudications given that are considered important or transcendental.

6. The Statutory Law shall indicate the procedure and conditions to be met by the collegiate circuit courts and the Supreme Court in order to pronounce a ruling relating to section V of this Article.
7. The constitutional adjudication against acts or omissions committed during a trial, in the trial context or after that the trial, or against acts that affect persons who are not involved in the trial, or against general laws or administrative authority’s acts or omissions, shall be lodged before the district judge having jurisdiction over the place where the harmful actions have been committed or have been tried to be committed. The procedure for such constitutional adjudication is as follows: 1) authority’s report, 2) a hearing, 3) receipt of evidence provided by the interested parties, and 4) argument hearing. The sentence shall be pronounced in the hearing.
8. The sentences pronounced as a result of a constitutional adjudication by a district judge or a unitary circuit court may be reviewed. Such review shall be lodged before the Supreme Court of Justice:
   1. In the event that the unconstitutionality still remains after the constitutional adjudication filed against general provisions that directly violates the Constitution.
   2. In the cases mentioned in the Article 103, sections II and III, of this Constitution.

   The Supreme Court of Justice may, by its own motion or by motion of the collegiate circuit court or the Attorney General in the issues that concern to the Public Prosecution Service, or by the Federal Executive through its Legal Government Counselor, hear constitutional adjudications in review process that are considered important or transcendental.

   In all other cases, reviews shall be lodged before a collegiate circuit court, which sentence shall be final and shall not admit any further review.

9. Regarding the direct constitutional adjudication, the review resource is appropriate to challenge the sentences concerning the unconstitutionality of general provisions, or make a direct interpretation of a constitutional provision, or failed to rule on these issues, provided that the Supreme Court of Justice considers that such rulings create an important and transcendent criterion. In the constitutional adjudication, only the constitutional issues shall be analyzed.
10. Claimed acts may be suspended in the cases and under the terms established by statutory law. For this purpose, the adjudication judge shall make an analysis on the law and public interest.Regarding criminal matter, such suspension shall be applied while notifying the constitutional adjudication lodged. Regarding civil, mercantile and administrative matters, such suspension shall be applied when the plaintiff pays a bail, which shall be used to pay for the damages caused by the suspension to a third party. Such suspension shall be void if the other party pays an indemnity bond in order to assure re-installment of the situation as if the constitutional adjudication has been granted.
11. The direct constitutional adjudication shall be lodged before the authority responsible, which shall rule on the suspension. In other cases, suspension shall be filed with the district court or the unitary circuit court, which shall rule on suspension, or with the state courts where allowed by law.
12. Appeals against violations to the constitutional rights provided under articles 16, related to criminal matter, 19 and 20, shall be filed with the superior court standing directly above the court that committed the infringement, or with the appropriate district judge or unitary circuit court. The rulings pronounced hereby may be reviewed according to the provisions established in the paragraph VIII of this article.In the event that the district judge or unitary circuit court does not reside in the same place than the authority responsible, then the law shall define the appropriate judge or court to lodge the constitutional adjudication. Such judge or court can suspend temporarily the challenged act in accordance with the law.
13. In the event that collegiate courts of the same circuit defend contradictory criteria regarding constitutional adjudications under their jurisdiction, then the Attorney General, in regard to criminal and criminal procedures issues, as well as in issues related to his function; the collegiate circuit courts and their members; the district judges; or the parties involved can report this contradiction to the appropriate circuit court, which shall decide which argument shall prevail as legal precedent.In the event that circuit courts belonging to different circuits, or the specialized circuit courts belonging to the same circuit, or collegiate circuit courts of the same circuit with different specialization defend contradictory criteria in the matters of their jurisdiction, then the ministers of the Supreme Court of Justice of the Nation, the circuit courts or the bodies mentioned in the previous paragraph can report this contradiction to the Supreme Court of Justice, so that the Plenary Meeting or the respective courtroom decides which argument shall prevail.

    In the event that the courtrooms belonging to the Supreme Court of the Nation defend contradictory criteria in the constitutional adjudications under their jurisdiction, then the ministers of the Supreme Court of Justice of the Nation; the collegiate circuit courts and their members; the district judges; the Attorney General in criminal or criminal procedures issues or in matters related to his functions; the Federal Executive through its Legal Government Counselor; or the parties involved can report this contradiction to the Supreme Court of Justice in their plenary meeting so that they can decide which argument shall prevail according to the laws and norms.

    Rulings pronounced by the plenary meeting of the Supreme Court of Justice or by one of its courtrooms, or by the circuit courts according to the previous paragraphs, shall only establish jurisprudence. They shall not affect the specific legal situations derived from the sentences pronounced in the trials where contradictory legal precedents arose.

14. (Repealed by the decree published on June 6, 2011)
15. The Attorney General, or the federal public prosecutor appointed by for that effect, shall be an interested party in all constitutional adjudications in which the challenged act involves procedures in regard to criminal matters and those that the law establishes.
16. If the authority responsible fails to enforce the sentence pronounced in the constitutional adjudication, but such failure is justified, then the Supreme Court of Justice of the Nation shall grant the authority responsible a reasonable term to enforce the sentence, according to the procedure provided by the statutory law. This term may be extended at the request of the authority responsible. If failure to observe the sentence is not justified, or the term has expired, then the Supreme Court of Justice shall dismiss the head of the authority responsible from office and bring him/her to trial before the appropriate district judge. This will apply also to the hierarchical superior of the authority responsible if he/she is liable, as well as to the previous heads of the authority responsible, if they failed to enforce the sentence.If the act in question is repeated, given that the constitutional adjudication has been granted, the Supreme Court of Justice shall dismiss the head of the authority responsible from office, according to the procedure established by the law. The Supreme Court shall notify the Federal Public Prosecution Service, unless the authority responsible acted with no premeditation and cancels the act in question before the Supreme Court of Justice pronounces the respective ruling.

    The Supreme Court of Justice can replace the sentence pronounced in a constitutional adjudication, by its own motion or at the request of plaintiff, when the execution of such sentence affects seriously the society or third parties, more than the benefits granted to the plaintiff, or when it is impossible or excessively onerous restore the previous situation. Then, the sentence should be exchanged by an economic compensation to the plaintiff. For this purpose, the parties shall sign a covenant before the Supreme Court of Justice.

    The constitutional adjudication cannot be filed until the sentence is enforced.

17. The responsible authority shall be prosecuted before the appropriate authority if it fails to suspend the challenged act having the duty to do so, as well as if it accepts a false or inadequate bail.
18. (Repealed by the decree published on September 03, 1993)