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The legislative failure in the matter of Quotidian Justice

On September 15th 2017, a decree was published in the Official Gazette of the Federation, reforming and adding articles 16, 17 and 73 of the Political Constitution of the United Mexican States, in the matter of Quotidian Justice. Essentially, the above mentioned constitutional reform consisted of (i) the obligation of the authorities to solve the disputes in a manner that procedural formalities do not hinder them to render a final judgment on the merits of each case (articles 16 and 17), and (ii) the powers of the Congress of the Union to enact a sole law in matters of civil and family procedure (article 73).

The transitory articles of the constitutional reform provide that the Congress of the Union shall issue the sole law mentioned above within a term of one hundred eighty days following the date of publication of the said decree, and in the same term, the amendments to articles 16 and 17 of the Political Constitution of the United Mexican States, must be incorporated in the general, federal and local legislation.

Notwithstanding that the one hundred eighty day term foreseen in the decree elapsed several months ago, neither the Congress of the Union nor the state legislatures have complied with the constitutional mandate.

The failure of the federal and local legislative bodies of the Mexican State, breaches the fundamental right of the persons to effective legal protection, and unreasonably allows that the current delay of the courts continues, thereby perpetuating the sense of impunity

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