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Relevant Criteria Published by the Mexican Supreme Court in the Judicial Weekly Gazette of the Federation on December 4th, 2023

In Administrative Matters

A legal precedent was established, determining that when the plaintiff in the federal administrative litigation asserts unfamiliarity with the administrative resolution being challenged, the responding authority is obliged to exhibit the records of the contested resolution and its notification record. However, there is no obligation to produce them in certified copies.

Furthermore, a separate legal thesis was issued, ruling that the freezing of bank accounts due to administrative execution warrants a nullity lawsuit. This is because such an act is irreparable, hindering the petitioner’s material disposal of their financial resources.

“Digital Record: 2027719
Instance: Collegiate Circuit Courts
Eleventh Epoch
Subject(s): Administrative
Thesis: II.3o.A. J/6 A (11th)
Source: Federal Judicial Weekly Gazette
Type: Precedent

RESPONSE TO THE COMPLAINT IN FEDERAL ADMINISTRATIVE LITIGATION. ARTICLE 21, SECTION I, OF THE FEDERAL LAW OF CONTENTIOUS ADMINISTRATIVE PROCEDURE DOES NOT REQUIRE THAT THE RELEVANT COPIES AND DOCUMENTS ACCOMPANYING THE RESPONDENT AUTHORITY MUST BE CERTIFIED.”

“Digital Record: 2027730
Instance: Collegiate Circuit Courts
Eleventh Epoch
Subject(s): Administrative
Thesis: III.6o.A.2 A (11th)
Source: Federal Judicial Weekly Gazette of the Federation
Type: Isolated

FREEZING OF BANK ACCOUNTS WITHIN THE ADMINISTRATIVE EXECUTION PROCEDURE. A NULLITY LAWSUIT IS ADMISSIBLE AGAINST IT, ACCORDING TO ARTICLE 4, NUMERAL 1, SECTION III, SUBSECTION D), FINAL PART, OF THE ORGANIC LAW OF THE ADMINISTRATIVE JUSTICE TRIBUNAL OF THE STATE OF JALISCO, AS AN IRREPARABLE ACT [INAPPLICABILITY OF ISOLATED THESIS III.6o.A.19 A (10th)].”

In Constitutional Matters

The First Chamber of the SCJN ruled that the SCJN is competent to resolve conflicts of criteria existing between Collegiate Courts belonging to different regions. Regional Plenaries are competent to resolve conflicts of criteria
between Collegiate Courts within the same region.

Furthermore, the Second Chamber of the SCJN determined that, to ensure the accessibility and mobility rights of persons with disabilities in the Mexico City Metro, it is not sufficient to prevent them from being denied access. It must be ensured that these individuals can use it under equal conditions with other users.

Additionally, it was decided that public prosecutors cannot order the seizure or registration immobilization of a property unless authorized by a control judge, as they are the ones authorized to approve requests for precautionary measures requiring judicial control.

“Digital Record: 2027720
Instance: First Chamber
Eleventh Epoch
Subject(s): Common
Thesis: 1a./J. 184/2023 (11th)
Source: Judicial Weekly Gazette of the Federation
Type: Precedent

CONFLICT OF CRITERIA BETWEEN COLLEGIATE CIRCUIT COURTS. THE SUPREME COURT OF JUSTICE OF THE NATION’S JURISDICTION TO RESOLVE IS LIMITED TO CASES WHERE THE CONTENDING CRITERIA HAVE BEEN ISSUED BY COLLEGIATE COURTS BELONGING TO DIFFERENT REGIONS.”

“Digital Record: 2027710
Instance: Second Chamber
Eleventh Epoch
Subject(s): Constitutional
Thesis: 2a./J. 78/2023 (11th)
Source: Federal Judicial Weekly Gazette
Type: Precedent

ACCESSIBILITY IN MOBILITY SYSTEMS. FOR CONDITIONS OF INCLUSION AND EQUALITY TO EXIST, IT IS NOT ENOUGH TO PREVENT DENYING ACCESS TO PERSONS WITH DISABILITIES. THE AUTHORITY MUST TAKE SPECIFIC ACTIONS IN TERMS OF ACCESSIBILITY TO ENSURE THE USE OF THE ENTIRE MOBILITY SYSTEM UNDER EQUAL CONDITIONS WITH OTHER USERS.”

“Digital Record: 2027713
Instance: Collegiate Circuit Courts
Eleventh Epoch
Subject(s): Constitutional, Criminal
Thesis: III.2o.P. J/2 P (11th)
Source: Federal Judicial Weekly Gazette
Type: Precedent

SEIZURE OR REGISTRATION IMMOBILIZATION OF REAL ESTATE IN A CRIMINAL INVESTIGATION. THE RELATIVE ORDER MUST BE AUTHORIZED BY A CONTROL JUDGE (INTERPRETATION OF ARTICLE 16, FOURTEENTH PARAGRAPH, OF THE GENERAL CONSTITUTION, IN RELATION TO THE SCOPE OF UNCONSTITUTIONALITY ACTION 10/2014 AND ITS ACCUMULATED 11/2014).”

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