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Landmark General Unconstitutionality Resolution

02/20/2019

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Gonzalez Calvillo advice results in landmark erga omnes resolution by the Mexican Federal Supreme Court

Our constitutional litigation/telecom Practice Areas participated advising two clients in the successful amparo proceedings that last February 14 led to the first General Unconstitutionality Resolution of a Federal Law ever issued by the Mexican Supreme Court of Justice.

Through such finding the Supreme Court definitively resolved the unconstitutionality of a provision of the Mexican Federal Telecommunications and Broadcasting Law which stated that the minimum fine applicable to certain infringements related to radio or telecom regulatory provisions, had to be at least 1% of the gross income of the concessionaire.

On 2011 the Mexican Federal Constitution was amended to grant the Mexican Supreme Court of Justice the ability to issue a General Unconstitutionality Resolution in order to expel from the legal framework general provisions that are found to be unconstitutional by a majority of 8 votes.

The landmark resolution of the SCJN is highly relevant because it applies to all individuals (erga omnes), meaning that the provision resolved unconstitutional cannot be applied to anyone or enforced by any authority in the future.

We are proud of Luis Mancera (partner), Juan Carlos Peraza (counsel) and Rafael Fuentes Cataño (associate), members of our team who participated in this landmark process and resolution.

Versión en español.

Published on February 20, 2019