The Regional Plenary on Administrative and Civil Matters of the Central-South Region, based in Mexico City, in resolving the conflict of criteria 106/2025, determined that pursuant to Article 2 of the Amparo Law, as amended on March 13, 2025, the National Code of Civil and Family Procedures applies on a supplementary basis to the amparo proceedings and any appeals arising therefrom immediately upon its entry into force, without being subject to the declaration of commencement of effectiveness set forth in its transitional provisions.

The court reasoned that the legal basis and regulation of the amparo proceeding derive from the Constitution and the Amparo Law itself. Accordingly, the operation of amparo proceedings cannot be conditioned or regulated by other statutes, even those of equal hierarchical rank. In addition, the current amendment to the Amparo Law expressly designates the National Code of Civil and Family Procedures as supplementary legislation.

Therefore, the declaration of effective date contemplated in the Second Transitional Article of the National Code was designed to govern the gradual implementation of that code as the principal procedural framework for ordinary proceedings, rather than to prevent its use as supplementary legislation expressly incorporated by a constitutional regulatory statute.

In that regard, the transitional regime of a national procedural code—intended for the ordinary justice system—cannot restrict the manner in which the Amparo Law fills procedural gaps through supplementary application. For such supplementary application to operate, the requirements established in binding precedent 2a./J. 34/2013 (10th Era), issued by the former Second Chamber of the Supreme Court of Justice of the Nation, must be satisfied.

The court further noted that when the legislature intended to subject legal reforms involving regulatory harmonization to the gradual implementation framework of the National Code, it did so expressly in a separate decree. No such limitation was included in the above-mentioned amendment to the Amparo Law, reinforcing the conclusion that its application is immediate.

This precedent was published on April 17, 2026, in the Federal Judicial Weekly Gazette under digital record No. 2032044.

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