Transitory provisions
Political Constitution of the United Mexican States
Transitory provisions of each amending decree, in the order of the Spanish page. Decrees that are not translated yet are on the Spanish page only.
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Transitory provisions of the original law
Article One. This Constitution shall be published forthwith and with the greatest solemnity it shall be sworn to keep it and cause it to be kept throughout the Republic; but with the exception of the provisions relating to the elections of the Supreme Federal Powers and of the States, which enter into force forthwith, it shall not begin to govern until 1 May 1917, on which date the Constitutional Congress must be solemnly installed and the citizen who results elected in the next elections to exercise the office of President of the Republic must take the legal oath.
In the elections to which convocation must be made, in accordance with the following article, section V of article 82 shall not govern; nor shall being in active service in the Army be an impediment to being a deputy or senator, provided that one does not have command of force in the respective electoral district; neither shall the Secretaries and Undersecretaries of State be impeded from being able to be elected to the next Congress of the Union, provided that these definitively separate from their posts on the day the respective convocation is issued.
Original article DOF 05-02-1917
Article Two. The Person in Charge of the Executive Power of the Nation, immediately upon publication of this Constitution, shall call elections of Federal Powers, endeavoring that these be held in such a way that the Congress is constituted in timely fashion, in order that once the count of the votes cast in the presidential elections is made, it may be declared who is the person designated as President of the Republic, so that the provisions of the preceding article may be complied with.
Original article DOF 05-02-1917
Article Three. The next constitutional period shall begin to be counted, for the Deputies and Senators, from the first of September last past, and for the President of the Republic, from 1 December 1916.
Original article DOF 05-02-1917
Article Four. The Senators who in the next elections carry the even number shall last only two years in the exercise of their charge, so that the Chamber of Senators may thereafter be renewed, by half every two years.
Original article DOF 05-02-1917
Article Five. The Congress of the Union shall elect the Magistrates of the Supreme Court of Justice of the Nation, in the coming month of May so that this high Body be solemnly installed on the first of June.
In these elections article 96 shall not govern in what relates to the proposals of candidates by the local Legislatures; but those appointed shall be so only for the first period of two years established by article 94.
Original article DOF 05-02-1917
Article Six. The Congress of the Union shall have an extraordinary period of sessions that shall begin on 15 April 1917, in order to constitute itself as Electoral College, make the count of votes and qualify the elections of President of the Republic, making the respective declaration; and furthermore, to issue the Organic Law of the Circuit and District Courts, the Organic Law of the Courts of the Federal District and Territories, in order that the Supreme Court of Justice of the Nation immediately make the appointments of Circuit Magistrates and District Judges, and the same Congress of the Union the elections of Magistrates, Judges of first Instance of the Federal District and Territories; it shall also issue all the laws that the Executive Power of the Nation may consult. The Circuit Magistrates and the District Judges, and the Magistrates and Judges of the Federal District and Territories, must take possession of their charge before 1 July 1917, whereupon those who have been appointed by the current Person in Charge of the Executive Power of the Nation shall cease.
Original article DOF 05-02-1917
Article Seven. For this time, the count of the votes for Senators shall be made by the Counting Board of the First Electoral District of each State or Federal District, which shall be formed for the computation of the votes of deputies, the corresponding credentials being issued by said board to the elected senators.
Original article DOF 05-02-1917
Article Eight. The Supreme Court of Justice of the Nation shall resolve the amparos that are pending, subjecting itself to the current laws in force.
Original article DOF 05-02-1917
Article Nine. The C. First Chief of the Constitutionalist Army, in Charge of the Executive Power of the Union, is empowered to issue the electoral law, in accordance with which the elections to integrate the Powers of the Union must be held, this time.
Original article DOF 05-02-1917
Article Ten. Those who have figured in the Government emanating from the rebellion, against the legitimate one of the Republic, or cooperated with it, afterward fighting with arms in hand, or serving employments or charges of the factions that have attacked the Constitutionalist Government, shall be judged by the laws in force, provided that they have not been pardoned by it.
Original article DOF 05-02-1917
Article Eleventh. In the meantime the Congress of the Union and those of the States legislate on the agrarian and labor problems, the bases established by this Constitution for said laws shall be put into force throughout the Republic.
Original article DOF 05-02-1917
Article Twelfth. Mexicans who have served in the Constitutionalist Army, the children and widows of these, and the other persons who have rendered services to the cause of the Revolution or to Public Instruction, shall have preference for the acquisition of fractions referred to in article 27 and right to the discounts that the laws shall indicate.
Original article DOF 05-02-1917
Article Thirteenth. The debts that by reason of work the employees have contracted, up to the date of this Constitution, with the employers, their relatives or intermediaries, are extinguished by operation of law.
Original article DOF 05-02-1917
Article Fourteenth. The Ministry of Justice is suppressed.
Article amended DOF 08-07-1921
Article Fifteenth. The C. in Charge of the Executive Power of the Union is empowered to issue the law of civil responsibility applicable to the authors, accomplices and concealers of the crimes committed against the constitutional order in the month of February 1913 and against the Constitutionalist Government.
Original article DOF 05-02-1917
Article Sixteenth. The Constitutional Congress in the ordinary period of its sessions, which shall begin on 1 September of this year, shall issue all the organic laws of the Constitution that have not already been issued in the extraordinary period referred to in transitory article 6, and shall give preference to the laws relating to Individual Guarantees, and articles 30, 32, 33, 35, 36, 38, 107 and the final part of article 111 of this Constitution.
Original article DOF 05-02-1917
Article Seventeenth. The Temples and other goods that, in accordance with section II of article 27 of the Political Constitution of the United Mexican States that is amended by this Decree, are property of the nation, shall maintain their current legal situation.
Article added DOF 07-04-1986. Repealed DOF 06-04-1990. Added DOF 28-01-1992
Article Eighteenth. Repealed.
Article added DOF 07-04-1986. Amended DOF 15-12-1986. Repealed DOF 06-04-1990
Article Nineteenth. Repealed.
Article added DOF 10-08-1987. Repealed DOF 06-04-1990
DECREE amending articles 65 and 66 of the Political Constitution of the United Mexican States.
FIRST.- This decree shall enter into force the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- The ordinary period corresponding to November and December of the year 1993 and the ordinary periods corresponding to the year 1994 shall be held in accordance with the dates that have been governing in the terms of the Decree of amendments published on 7 April 1986.
THIRD.- As of 15 March 1995 the periods of ordinary sessions shall be held in accordance with the dates established by this Decree.
FOURTH.- The deputies who are elected to the LVI legislature of the Congress of the Union shall last in their functions from 1 November 1994 to 31 August 1997.
FIFTH.- The senators who are elected to the LVI and LVII legislatures of the Congress of the Union shall last in their functions from 1 November 1994 to 31 August of the year 2000.
The senators who are elected in 1997 shall last in their functions from 1 November of said year, to 31 August of the year 2000.
DECREE amending articles 41, 54, 56, 60, 63, 74 and 100 of the Political Constitution of the United Mexican States.
Article One. This Decree shall enter into force on the day of its publication in the Official Gazette of the Federation.
Article Two. The current Magistrates of the Federal Electoral Court elected by the Chamber of Deputies of the Congress of the Union shall remain in their charges, according to the Decree published in the Official Gazette of the Federation on 3 October 1990.
Article Three. In the federal election of 1994, for each State and the Federal District, two senators of relative majority and one of first minority shall be elected to the LVI and LVII Legislatures of the Congress of the Union, who shall last in functions from 1 November 1994 to the date of the end of the exercise of the last legislature cited. For this election, the political parties must register a list with two formulas of candidates in each state (federal entity).
Amendment DOF 22-08-1996: It repealed from the article the then second paragraph
Article Four. The federal deputies to the LVI Legislature shall last in their charge from 1 November 1994 to the date on which the cited legislature concludes.
Article Five. The federal election to integrate the LVI Legislature of the Chamber of Deputies of the H. Congress of the Union shall be held based on the distribution of the single-member districts and the five plurinominal circumscriptions into which the country was divided for the federal electoral process of 1991. For the federal election of 1997, by which the LVII Legislature shall be integrated, the new distribution of single-member districts shall be made based on the definitive results of the general population census of 1990.
Article Six. All provisions that oppose the amendments established in this Decree are repealed.
DECREE amending articles 16, 19, 20 and 119 and repealing section XVIII of article 107 of the Political Constitution of the United Mexican States.
FIRST.- This Decree shall enter into force as of the day following its publication in the Official Gazette of the Federation, with the exception of the provisions of Transitory Provision Second.
SECOND.- The provisions of the first paragraph of section I of article 20 of the Constitution set out in this Decree shall enter into force one year counted from the present publication.
ERRATA to the Decree amending articles 65 and 66 of the Political Constitution of the United Mexican States, published on 3 September 1993.
On page 2, second column, line 22, it says:
ERRATA to the Decree amending articles 41, 54, 56, 60, 63, 74 and 100 of the Political Constitution of the United Mexican States, published on 3 September 1993.
On page 5, first column, line 13, it says:
ERRATA to the Decree amending articles 16, 19, 20 and 119 and repealing section XVIII of article 107 of the Political Constitution of the United Mexican States, published on 3 September 1993.
On page 6, second column, line 55, it says:
DECREE amending articles 31, 44, 73, 74, 79, 89, 104, 105, 107, 122, as well as the denomination of title fifth, the addition of a section IX to article 76 and a first paragraph to 119 and repealing section XVII of article 89 of the Political Constitution of the United Mexican States.
FIRST.- This Decree shall enter into force thirty days after its publication in the Official Gazette of the Federation, except for the provisions of the following transitory provisions.
SECOND.- The Assembly of Representatives of the Federal District elected for the period November 1991 to November 1994 shall continue to have the powers established in section VI of article 73 of this Constitution in force at the moment this Decree enters into force.
THIRD.- The III Assembly of Representatives of the Federal District shall have the powers granted to it by this Decree, and shall be the one integrated for the period that shall begin on 15 November 1994 and conclude on 16 September 1997.
FOURTH.- As of 15 March 1995, the periods of ordinary sessions of the Assembly of Representatives of the Federal District shall be held in accordance with the dates established by this decree.
FIFTH.- The first appointment to the charge of Head of the Federal District, in the terms of this Decree, shall take place in the month of December 1997 and the respective constitutional period shall conclude on 2 December of the year 2000. In the meantime said Head assumes his charge, the government of the Federal District shall continue in charge of the President of the Republic in accordance with base 1 of section VI of article 73 of this Constitution in force at the moment this Decree enters into force. The Federal Executive shall maintain the power to freely appoint and remove the holder of the organ or organs of government of the Federal District and shall continue exercising for the Federal District, insofar as relevant, the powers established in section I of article 89 of this Constitution.
SIXTH.- The citizen councils by territorial demarcation shall be elected and installed in 1995, in accordance with the provisions of the Statute of Government and the respective laws.
SEVENTH.- The public officials who are reassigned to the public administration of the Federal District and its dependencies shall conserve all their labor rights.
EIGHTH.- The initiatives of revenue laws, and of decrees of expenditure budget of the Federal District for the fiscal years 1995, 1996 and 1997, as well as the public accounts of 1995 and 1996 shall be sent to the Assembly of Representatives by the President of the Republic. The public account corresponding to 1994 shall be reviewed by the Chamber of Deputies of the Congress of the Union.
NINTH.- In the meantime the provisions that coordinate the fiscal system between the Federation and the Federal District are amended and issued, the rules that on the matter govern at the moment this Decree enters into force shall continue to be applied.
TENTH.- In the meantime the new rules applicable to the Federal District are issued, the legal and regulatory provisions in force shall continue to govern.
TENTH FIRST.- The Congress of the Union shall conserve the power to legislate, in the local sphere, in the matters of common order, civil and criminal for the Federal District, in the meantime the corresponding federal ordainments are issued, upon whose entry into force it shall correspond to the Assembly of Representatives to legislate on the particular, in the terms of this Decree.
DECREE amending the eighth, ninth, seventeenth and eighteenth paragraphs of article 41 of the Political Constitution of the United Mexican States.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending section I of Article 82 of the Political Constitution of the United Mexican States.
SOLE ARTICLE.- This Decree shall enter into force on 31 December 1999.
DECREE whereby articles 21, 55, 73, 76, 79, 89, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 110, 111, 116, 122 and 123 of the Political Constitution of the United Mexican States are declared amended.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation, with the exception of the provisions of articles Eighth and Ninth following.
SECOND.- The current Ministers of the Supreme Court of Justice of the Nation shall conclude their functions upon the entry into force of this Decree. They shall receive a pension equal to that which for cases of forced retirement is provided by the "Decree that establishes the Causes of Forced or Voluntary Retirement of the Ministers of the Supreme Court of Justice of the Nation".
To the Ministers cited in the preceding paragraph, the impediments referred to in the last paragraph of article 94 and the third paragraph of article 101, amended by virtue of this Decree, shall not be applicable.
Should they return to the exercise of their functions, in accordance with the procedure provided in article 96 amended by virtue of this Decree, the right granted in the first paragraph of this article shall be suspended, during the time in which they continue in functions.
THIRD.- For the nomination and approval of the first ministers who shall integrate the Supreme Court of Justice of the Nation, in accordance with the amendments provided in this Decree, the holder of the Federal Executive shall propose before the Senate, 18 persons, from among which said Chamber shall approve, as the case may be, the appointments of 11 ministers, with the vote of two thirds of its members.
FOURTH.- For the effects of the first paragraph of article 97 of this Decree of Amendments, the law that regulates the selection, entry, promotion or removal of the members of the Federal Judiciary shall distinguish the cases and procedures that must be resolved in accordance with sections I, II and III of article 109 of the Constitution.
The Senate, after the appearance of the proposed persons, shall issue its resolution within the non-extendable term of thirty calendar days.
The period of the Ministers shall expire the last day of November of the year 2003, of 2006, of 2009 and of 2012, for each two of them and the last day of November of the year 2015, for the three remaining. Upon approving the appointments, the Senate must indicate which of the periods shall correspond to each Minister.
Once the appointment of at least seven Ministers is approved, a solemn session of opening and installation shall be held, in which the President of the Supreme Court of Justice of the Nation shall be designated.
FIFTH.- The Circuit magistrates and the District Judge elected the first time to integrate the Federal Judiciary Council shall be Councilors for a period that shall expire the last day of November of the year 2001. The period of one of the Councilors designated by the Senate and the one designated by the Executive shall expire the last day of November of 1999 and the corresponding to the remaining Councilor, the last day of November of the year 1997. The Senate and the Federal Executive must designate their representatives within the thirty calendar days following the entry into force of this Decree and shall indicate which of the periods corresponds to each Councilor.
The Council shall be installed once five of its members are designated, as long as one of them is its President.
SIXTH.- As long as the Supreme Court of Justice of the Nation and the Federal Judiciary Council are not installed, in terms of transitory provisions Third and Fifth above, the last Commission of Government and Administration of the Court itself shall exercise the functions of the Court and shall attend to the administrative matters of the Federal Judiciary. By virtue thereof, the provisions of transitory article second shall be applicable, as the case may be, to the members of the cited Commission, once the Supreme Court of Justice has been formally installed, in terms of the provisions of this Decree.
It corresponds to the Commission itself to convoke the solemn session of opening and installation referred to in transitory article Third, as well as to take the necessary measures so that the first drawing by lot of the Circuit Magistrates and of the District Judge who shall be Councilors be made in the days immediately following the entry into force of this Decree.
The Commission shall cease to function once it has given account of the matters attended in accordance with the preceding paragraphs, to the Supreme Court or to the Federal Judiciary Council, as corresponds, when the latter are installed.
SEVENTH.- The Magistrate, the Judge of First Instance and the Judge of Peace elected the first time to integrate the Council of the Judiciary of the Federal District shall be Councilors for a period that shall expire the last day of November of the year 2001. The period of one of the Councilors designated by the Assembly of Representatives of the Federal District and the one designated by the Head of the Department of the Federal District shall expire the last day of November of 1999, and the corresponding to the remaining Councilor, the last day of November of 1997. The Assembly and the Head of the Department must designate their representatives within the thirty calendar days following the entry into force of this Decree and shall indicate which of the periods corresponds to each Councilor.
The Council shall be installed once five of its members are designated.
The Full Court of the Superior Court of Justice shall continue in charge of the administrative matters, until the Council is constituted. Likewise, it shall take the necessary measures so that the election of the Magistrate and of the Judge of First Instance who shall be Councilors be made in the days immediately following the entry into force of this Decree.
EIGHTH.- The amendments to article 105 shall enter into force on the same date on which the corresponding regulatory law enters into force.
NINTH.- The processes to which the articles that are amended allude, initiated previously, shall continue being processed in accordance with the provisions in force upon the entry into force of this Decree.
The amendments to section XVI of article 107 shall enter into force on the same date on which the amendments to the regulatory law of articles 103 and 107 of the Constitution enter into force.
TENTH.- The conflicts of labor character between the Federal Judiciary and its servants, initiated previously, shall continue being processed in accordance with the provisions in force, upon the entry into force of this Decree, before the Federal Judiciary Council or the Supreme Court of Justice, as corresponds, once integrated in accordance with transitory articles Third and Fifth above.
TENTH FIRST.- In the meantime the legal, regulatory provisions and general agreements referred to in the constitutional precepts that are amended by this Decree are issued, those in force upon the entry into force of the amendments shall continue to be applied, insofar as they do not oppose these.
TENTH SECOND.- The labor rights of the public officials of the Federal Judiciary shall be fully respected.
ERRATA to the Decree whereby various articles of the Political Constitution of the United Mexican States are declared amended, published on 31 December 1994.
I.- On page 7, First Section, second column, line 47 (article 108), it says:
fondos y recursos federales.
It should say:
fondos y recursos federales.
. . .
II.- On page 8, First Section, second column, line 30 (article 122, section VII), it says:
cargo del Jefe del Distrito Federal
It should say:
cargo de Jefe del Distrito Federal
DECREE whereby the fourth paragraph of article 28 of the Political Constitution of the United Mexican States is declared amended.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE whereby articles 16, 20 section I and penultimate paragraph, 21, 22 and 73 section XXI of the Political Constitution of the United Mexican States are declared amended.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE by which articles 30, 32 and 37 of the Political Constitution of the United Mexican States are declared amended.
FIRST.- This Decree shall enter into force in the year following its publication in the Official Gazette of the Federation (DOF).
SECOND.- Those who have lost their Mexican nationality by birth, for having voluntarily acquired a foreign nationality, and if they are in full enjoyment of their rights, may benefit from the provisions of Article 37, subsection A), of the Constitution, upon request made to the Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores), at any time.
Article amended DOF 22-07-2004
THIRD.- The provisions in force prior to the entry into force of this Decree shall continue to apply to those born or conceived during its validity, solely in all that favors them, without prejudice to the benefits granted to them by the amendment contained in this decree
Article amended DOF 26-02-1999
FOURTH.- As long as the Congress of the Union issues the corresponding provisions on nationality, the Nationality Law in force shall continue to apply, insofar as it does not oppose this Decree.
FIFTH.- The last paragraph of subsection C) of Article 37 shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which article 3o. transitory of the Decree by which articles 30, 32 and 37 of the Political Constitution of the United Mexican States were amended, published on 20 March 1997, is declared amended.
Sole.- This amendment shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which articles 16, 19, 22 and 123 of the Political Constitution of the United Mexican States are declared amended.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which articles 94, 97, 100 and 107 of the Political Constitution of the United Mexican States are amended.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- The current Councillors of the Federal Judiciary Council (Consejo de la Judicatura Federal), with the exception of the President of the Council, shall conclude their functions upon the entry into force of this decree.
The Plenary of the Supreme Court of Justice, the Senate and the Federal Executive must designate the Councillors of the Federal Judiciary Council, in accordance with the amended Article 100 of the Constitution, no later than within the thirty calendar days following the entry into force of this decree.
For a single time, the period of the Councillors designated by the Supreme Court of Justice shall expire on the last day of November of 2002, 2004 and 2006; that of those designated by the Senate on the last day of November of 2003 and 2007; and that of the one designated by the Federal Executive, on the last day of November of 2005. When designating Councillors, it must be indicated which of the periods shall correspond to each one.
THIRD.- As long as the Federal Judiciary Council is not installed, in terms of the preceding transitory provision, a temporary commission composed of the President of the Council and the officials who depend directly on the Council itself shall function. Said commission shall attend to the procedures and resolve the administrative matters of notorious urgency that arise, except those related to appointments, assignment, ratification and removal of judges and magistrates. Once the Council is installed, it shall report to the plenary on the measures taken, so that the latter may decide what is appropriate.
FOURTH.- The processes referred to in the articles that are amended, initiated prior to the entry into force of this Decree, shall continue to be processed in accordance with the provisions in force at the moment in which they were initiated.
DECREE by which the addition of a fifth paragraph to Article 4o. of the Constitution is declared and the first paragraph of article 25 of the Political Constitution of the United Mexican States is amended.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which section XXIX-H is declared amended and a section XXIX-I is added to article 73 of the Political Constitution of the United Mexican States.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the addition of a section XXIX-J to article 73 of the Political Constitution of the United Mexican States is declared.
FIRST.- This addition shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- The maximum period of one year is fixed for the issuance of the regulatory law of the attributions of the Federation in matters of sport.
DECREE by which article 58 of the Political Constitution of the United Mexican States is declared amended.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which articles 73, 74, 78 and 79 of the Political Constitution of the United Mexican States are declared amended.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), except for the provisions of the following transitory provisions.
SECOND.- The superior audit entity of the Federation shall begin its functions on 1 January of the year 2000. The review of the Public Account and the audit functions referred to in sections I to IV of article 79 amended by this Decree shall be carried out, in the terms of this Decree itself, as of the review of the Public Account corresponding to the year 2001.
The superior audit entity of the Federation shall review the Public Account of the years 1998, 1999 and 2000 in accordance with the provisions in force before the entry into force of this Decree.
The references made in said provisions to the General Accounting Office of the Chamber of Deputies (Contaduría Mayor de Hacienda) shall be understood as made to the superior audit entity of the Federation.
THIRD.- As long as the superior audit entity of the Federation does not begin to exercise the attributions referred to in this Decree, the General Accounting Office shall continue to exercise the attributions it currently has under article 74, section IV, of the Constitution, its Organic Law and other applicable legal provisions in force until before the entry into force of this Decree.
The public officials of the General Accounting Office shall not be affected in any way in their labor rights by reason of the entry into force of this Decree and of the laws issued in consequence.
Once the superior audit entity of the Federation is created, all the human, material and patrimonial resources in general of the General Accounting Office shall become part of said entity.
FOURTH.- The Comptroller General of Accounts shall be the head of the superior audit entity of the Federation until 31 December 2001; he may be ratified to continue in said position until completing the period of eight years referred to in article 79 of this Constitution.
DECREE by which article 102 subsection B of the Political Constitution of the United Mexican States is amended and added to.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- The current members of the Advisory Council of the National Human Rights Commission (Comisión Nacional de Derechos Humanos) shall continue in their position until concluding the period for which they were designated, being able, as the case may be, to be proposed and elected for a second period under the terms of the provisions of the fifth paragraph of subsection B of Article 102 that is amended by this Decree.
THIRD.- Within a maximum period of sixty days, the Senate or, as the case may be, the Permanent Commission of the Congress of the Union, must elect the President of the National Human Rights Commission, in accordance with the procedure provided by subsection B of Article 102 that is amended by this Decree. For such purpose, the following rules shall be observed:
A.- The corresponding Commission of the Senate shall proceed to carry out a broad sounding out among the representative social organizations of the different sectors of society, as well as among the public and private bodies that promote or defend Human Rights.
B.- Based on the sounding out indicated above, the Commission may propose the ratification of the current Holder of the National Human Rights Commission or, as the case may be, integrate a shortlist of candidates.
FOURTH.- As long as the Congress of the Union issues the amendments to the Law of the National Human Rights Commission, the latter shall exercise its attributions and powers in accordance with the provisions of this Decree and the regulatory law in force until said issuance.
FIFTH.- All the provisions that oppose this Decree are repealed.
DECREE by which article 115 of the Political Constitution of the United Mexican States is declared amended and added to.
ARTICLE FIRST. This decree shall enter into force ninety days after its publication in the Official Gazette of the Federation (DOF), except for the provisions of the following articles.
ARTICLE SECOND. The States must adapt their constitutions and laws in accordance with the provisions of this decree no later than in one year from its entry into force. As the case may be, the Congress of the Union must make the adaptations to the federal laws no later than 30 April of the year 2001.
As long as the adaptations referred to in the preceding paragraph are made, the provisions in force shall continue to apply.
ARTICLE THIRD. In the case of functions and services that according to this Decree are the competence of the municipalities and that at the entry into force of the amendments referred to in the preceding transitory provision are provided by the state governments, or in a coordinated manner with the municipalities, the latter may assume them, with prior approval of the municipal council (ayuntamiento). The governments of the states shall provide what is necessary so that the function or public service in question is transferred to the municipality in an orderly manner, in accordance with the transfer program presented by the state government, within a maximum period of 90 days counted from the receipt of the corresponding request.
In the case of subparagraph a) of section III of article 115, within the period indicated in the preceding paragraph, the state governments may request the corresponding legislature to retain within their sphere of competence the services referred to in the cited subparagraph, when the transfer from state to municipality affects, to the detriment of the population, their provision. The state legislature shall resolve what is appropriate.
As long as the transfer referred to in the first paragraph is carried out, the functions and public services shall continue to be exercised or provided in the terms and conditions in force.
ARTICLE FOURTH. The states and municipalities shall carry out the acts conducive so that the agreements that, as the case may be, they may have entered into previously conform to the provisions of this decree and to the state constitutions and laws.
ARTICLE FIFTH. Before the beginning of the fiscal year 2002, the legislatures of the states, in coordination with the respective municipalities, shall adopt the measures conducive so that the unit land values that serve as the base for the collection of the contributions on real property are comparable to the market values of said property and shall proceed, as the case may be, to make the corresponding adaptations to the rates applicable for the collection of the aforementioned contributions, in order to guarantee their adherence to the principles of proportionality and equity.
ARTICLE SIXTH. In carrying out the actions conducive to compliance with this decree, the rights and obligations previously contracted with third parties shall be respected, as well as the rights of state and municipal employees.
DECREE by which article 4o. of the Political Constitution of the United Mexican States is declared amended and added to.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Errata to the Decree by which article 4o. of the Political Constitution of the United Mexican States is declared amended and added to, published on 7 April 2000.
On page 2, second column, tenth line, it says:
The State shall grant facilities to private individuals so that they cooperate in the fulfillment of the rights of children.
It should say:
The State shall grant facilities to private individuals so that they cooperate in the fulfillment of the rights of children".
DECREE by which various provisions of article 20 of the Political Constitution of the United Mexican States are declared amended, added to and repealed.
ARTICLE FIRST.- This Decree shall enter into force six months after its publication in the Official Gazette of the Federation (DOF).
ARTICLE SECOND.- The legal provisions in force shall continue to apply insofar as they do not oppose this Decree, until the corresponding regulatory norms are issued.
DECREE by which section XXV of article 73 of the Political Constitution of the United Mexican States is declared amended.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the other one is approved, by which a second and third paragraph are added to article 1o., article 2o. is amended, the first paragraph of article 4o. is repealed; and a sixth paragraph is added to article 18, and a last paragraph to the third section of article 115 of the Political Constitution of the United Mexican States.
ARTICLE FIRST. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
ARTICLE SECOND. Upon the entry into force of these amendments, the Congress of the Union and the Legislatures of the states (federal entities) shall make the adaptations to the federal laws and local constitutions that proceed and regulate what is stipulated herein.
ARTICLE THIRD. To establish the territorial demarcation of the uninominal electoral districts, the location of the Indigenous peoples and communities shall be taken into consideration, when it is feasible, in order to foster their political participation.
ARTICLE FOURTH. The holder of the Federal Executive Power shall provide that the complete text of the statement of reasons and of the normative body of this decree be translated into the languages of the Indigenous peoples of the country and shall order its dissemination in their communities.
DECREE by which the other one is approved, by which the denomination of Title Fourth is modified and a second paragraph is added to article 113 of the Political Constitution of the United Mexican States.
SOLE.- This Decree shall enter into force on 1 January of the second year following its publication in the Official Gazette of the Federation (DOF).
The Federation, the states (federal entities) and the municipalities shall have the period comprised between the publication of this Decree and its entry into force to issue the laws or make the necessary modifications, as the case may be, in order to provide due compliance with it, as well as to include in their respective budgets a line item to address their patrimonial responsibility.
The approval of the constitutional amendment shall necessarily imply the adaptation to the secondary legal provisions, both in the federal and in the local sphere, in accordance with the following criteria:
a)The payment of the compensation (indemnity) would be made after following the procedures to determine that the private individual is indeed entitled to said compensation (indemnity), and
b)The payment of the compensation (indemnity) shall be subject to the budgetary availability of the fiscal year in question.
For the issuance of the laws or the making of the necessary modifications to provide due compliance with the decree, the period comprised between the publication of the decree and its entry into force would be available. According to the date of approval of the Decree and its consequent publication, the cited period would be no less than one year nor more than two.
DECREE by which the other one is approved, by which article 3o. is added to, in its first paragraph, sections III, V and VI, and article 31 in its section I, of the Political Constitution of the United Mexican States.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The federal educational authority must, upon the entry into force of this Decree, install technical and consultation commissions with the other educational authorities of the country that are pertinent, in order to begin a process tending to the structural, curricular and labor unification of the three constitutional compulsory levels, into a single level of integrated basic education.
Third.- The federal educational authority must, upon the entry into force of this Decree, install technical and consultation commissions with the other educational authorities of the country that are pertinent, in order to begin a process tending to the review of the study plans, programs and materials, in order to establish, in the exercise of its constitutional functions, the new study programs of compulsory preschool education for the whole country, as well as to prepare the teaching and directive personnel of this level, in accordance with the new educational reality that arises from this Decree.
Fourth.- With the objective of promoting equity in the quality of the preschool education services in the country, the educational authority must provide what is necessary to comply with the provisions of article 2o. of the Regulatory Law of article 5o. of the Constitution on professions, in the sense that the imparting of preschool education is a profession that requires a license for its exercise, without prejudice to the acquired rights of those who to date impart this educational level.
Fifth.- Preschool education shall be compulsory for all within the following periods: in the third year of preschool as of the 2004-2005 cycle; the second year of preschool, as of the 2005-2006 cycle; the first year of preschool, as of the 2008-2009 cycle. Within the indicated periods, the Mexican State must universalize throughout the country, with quality, the offer of this educational service.
Sixth.- The federal, state, Federal District and municipal budgets shall include the resources necessary for: the construction, expansion and equipping of sufficient infrastructure for the progressive coverage of the preschool education services; with their corresponding programs of professional training of the teaching personnel as well as of provision of free study materials for teachers and students. For the rural communities far from urban centers and the zones where it has not been possible to establish infrastructure for the provision of the preschool education service, the federal educational authorities, in coordination with the local ones, shall establish the special programs that are required and take the pertinent decisions to ensure the access of the students to the primary education services.
Seventh.- The state and Federal District governments shall enter into collaboration agreements with the federal government that allow them to comply with the compulsory nature of preschool education in the terms established in the preceding articles.
Eighth.- Upon the entry into force of this Decree, the amendments and additions to the General Education Law and other applicable legal provisions on the matter must be promoted.
DECREE by which the other one is approved, by which a section XXIX-K is added to article 73 of the Political Constitution of the United Mexican States.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the other one is approved that amends the first paragraph of article 63 and section IV of article 77 of the Political Constitution of the United Mexican States.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which section XXIX-M is added to article 73 and section VI of article 89 of the Political Constitution of the United Mexican States is amended.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the other one that amends the second transitory article to Articles 30, 32 and 37 of the Political Constitution of the United Mexican States, published on the twentieth of March of 1997, is approved.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the other one is approved by which section IV of article 74 of the Political Constitution of the United Mexican States is amended.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the Decree that amends the first paragraph of article 65 of the Political Constitution of the United Mexican States is approved.
FIRST.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- Upon the entry into force of this decree, the amendments and additions to the Organic Law of the General Congress of the United Mexican States and other applicable legal provisions on the matter must be promoted.
DECREE by which the other one is approved that adds a section XXIX-L to article 73 of the Political Constitution of the United Mexican States.
Sole.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which article 21 of the Political Constitution of the United Mexican States is added to.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which a third paragraph is declared added to section XXI of Article 73 of the Political Constitution of the United Mexican States.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the sole paragraph is amended and a second and third paragraph are added to article 46; section IV of article 73 is repealed; sections X and XI are added, with the current section X becoming section XII of article 76, and section I of article 105 is amended, all of the Political Constitution of the United Mexican States.
FIRST.- The amendment shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- The Senate shall establish, within the ordinary session period immediately following the entry into force of this decree, the Commission on Boundaries of the Federal Entities (Comisión de Límites de las Entidades Federativas), which shall be integrated and shall function in the terms of the regulatory law issued for that purpose, as well as by the provisions that for the case may provide the Organic Law of the General Congress of the United Mexican States and the Regulation for its Internal Government.
THIRD.- The controversies that at the entry into force of this decree are in process before the Supreme Court of Justice of the Nation by reason of boundary conflicts between states (federal entities) shall be remitted immediately, with all their antecedents, to the Senate, so that the latter, in terms of its constitutional attributions, proceeds to establish them definitively through legislative decree.
DECREE by which articles 14, second paragraph, and 22, first paragraph, are declared amended, and the fourth paragraph of article 22 of the Political Constitution of the United Mexican States is declared repealed.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the fourth paragraph is declared amended and the fifth and sixth paragraphs added, and the last two paragraphs of Article 18 of the Political Constitution of the United Mexican States are moved in their order.
FIRST. This Decree shall enter into force three months following its publication in the Official Gazette of the Federation (DOF).
SECOND. The States of the Federation and the Federal District shall have six months from the entry into force of the Decree to create the laws, institutions and bodies required for the application of this Decree.
The Federation shall have one year from the entry into force of this decree to issue the laws and establish the institutions and bodies required in the federal order for the implementation of the comprehensive justice system for adolescents.
Paragraph added DOF 14-08-2009
THIRD. The matters in process up to the moment in which the laws enter into force and the institutions and bodies referred to in the preceding transitory provision are implemented shall be concluded in accordance with the legislation with which they were initiated. The matters that are pending resolution at the moment in which the operation of the new system begins shall be remitted to the authority that is competent so that it continues in the knowledge of them until their conclusion.
Article added DOF 14-08-2009
DECREE by which articles 26 and 73 section XXIX-D of the Political Constitution of the United Mexican States are declared amended.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- Until the General Law referred to in subsection B of Article 26 of this Constitution is issued, the Law of Statistical and Geographic Information shall remain in force, as well as the other applicable legal and administrative provisions. Likewise, the appointments, powers, mandates, commissions and, in general, the delegations and faculties granted to the public officials of the National Institute of Statistics, Geography and Informatics shall subsist.
Third.- Upon the entry into force of the Law referred to in subsection B of Article 26 of this Constitution, the financial and material resources, as well as the employees assigned to the National Institute of Statistics, Geography and Informatics, a decentralized body of the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público), shall be transferred to the body created in the terms of this Decree. The employees who become part of the new body shall continue to be governed by subsection B of Article 123 of this Constitution and shall in no way be affected in their labor and social security rights.
Fourth.- In accordance with the applicable provisions, the budgetary regime of the body created in the terms of this Decree must guarantee the free administration, the non-transferability and the sufficiency of public resources. The foregoing, in order that the body be in conditions to comply with the plans and programs that it formulates in observance of the Law referred to in subsection B of Article 26 of this Constitution.
Fifth.- The matters that are in process or pending resolution at the entry into force of this Decree shall continue to be substantiated before the National Institute of Statistics, Geography and Informatics, and subsequently before the body created in the terms of this Decree.
Sixth.- Within the 180 calendar days following the entry into force of this Decree, the Congress of the Union must issue the Law referred to in subsection B of Article 26 of this Constitution.
Seventh.- All those provisions that oppose this Decree are repealed.
DECREE by which subparagraph g) is added to section II of Article 105 of the Political Constitution of the United Mexican States.
SOLE.- This Decree shall begin its validity on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which Article 73, section XXIX-H of the Political Constitution of the United Mexican States is amended.
Article First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Article Second.- As long as the legislation regulating the matter of administrative responsibilities of federal public officials is not amended, it shall continue to be governed by the legal provisions in force at the moment of its application.
DECREE by which Article 1o., Third Paragraph of the Political Constitution of the United Mexican States is amended.
SOLE.- This amendment shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which Article 76, section I, and Article 89, section X of the Political Constitution of the United Mexican States are amended.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which section VI of Article 82 of the Political Constitution of the United Mexican States is amended.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which section V of Article 55 of the Political Constitution of the United Mexican States is amended.
SOLE.- This Decree shall enter into force as from the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which section X of Article 73 of the Political Constitution of the United Mexican States is amended.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND. All legal provisions are repealed insofar as they oppose the content of this Decree. The foregoing shall be without prejudice to the regulatory provisions issued for that purpose by the states (federal entities) as a complement for accident prevention, public security and civil protection, provided that they are subject to what the law on the matter establishes.
DECREE by which a second paragraph with seven sections is added to Article 6o. of the Political Constitution of the United Mexican States.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The Federation, the States and the Federal District, within their respective spheres of competence, must issue the laws on the matter of access to public information and transparency or, as the case may be, make the necessary amendments, no later than one year after the entry into force of this Decree.
Third.- The Federation, the States and the Federal District must have electronic systems so that any person may make remote use of the mechanisms of access to information and of the review procedures referred to in this Decree, no later than two years as from the entry into force thereof. The local laws shall establish what is necessary so that the municipalities with a population over seventy thousand inhabitants and the territorial demarcations of the Federal District have the respective electronic systems within the same period.
DECREE by which Articles 29, 73, 90, 92, 93, 95, 110 and 111 of the Political Constitution of the United Mexican States are amended.
FIRST.- This Decree shall begin its force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- The Congress of the Union, at the beginning of the force of this Decree, shall make the corresponding adjustments to the federal legislation, in accordance with what is stipulated in this Decree. The states and the Federal District must adjust their laws in accordance with the provisions of this Decree no later than six months after its publication in the Official Gazette of the Federation (DOF).
DECREE by which a section XXIX-N is added to Article 73 of the Political Constitution of the United Mexican States.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND. All legal provisions are repealed insofar as they oppose the content of this Decree.
DECREE by which section IV of Article 99 of the Political Constitution of the United Mexican States is amended.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE that amends Articles 6o., 41, 85, 99, 108, 116 and 122; adds Article 134 and repeals a paragraph of Article 97 of the Political Constitution of the United Mexican States.
Article First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Article Second. For a single time the Federal Electoral Institute must establish, in accordance with the legal bases that are issued, a spending cap for the presidential campaign in the year 2008, solely for the purpose of determining the total amount of private financing that each political party may obtain annually.
Article Third. The Congress of the Union must make the adjustments that correspond in the federal laws within a maximum period of thirty calendar days counted from the beginning of the force of this Decree.
Article Fourth. For the purposes of what is established in the third paragraph of base V of Article 41 of this Constitution, within a period no greater than 30 calendar days counted from the entry into force of this Decree, the Chamber of Deputies shall proceed to integrate the General Council of the Federal Electoral Institute in accordance with the following bases:
a)It shall elect a new councilor President, whose mandate shall conclude on 30 October 2013; should the case arise, the person so appointed may be re-elected for a single time, under the terms of what is established in the aforementioned third paragraph of Article 41 of this Constitution;
b)It shall elect two new electoral councilors, whose mandate shall conclude on 30 October 2016.
c)It shall elect, from among the eight electoral councilors in office at the entry into force of this Decree, three who shall conclude their mandate on 15 August 2008 and three who shall continue in their position until 30 October 2010;
d)No later than 15 August 2008, it shall elect three new electoral councilors who shall conclude their mandate on 30 October 2013.
The electoral councilors and the councilor President of the General Council of the Federal Electoral Institute in office at the entry into force of this Decree shall continue in their positions until the Chamber of Deputies complies with what is provided in this article. The appointment of alternate electoral councilors of the General Council of the Federal Electoral Institute established by the Decree published in the Official Gazette of the Federation (DOF) dated 31 October 2003 is left without effects.
Article Fifth. For the purposes of the staggered renewal of the Electoral Magistrates of the Superior Chamber and of the regional chambers of the Electoral Court of the Federal Judiciary referred to in Article 99 of this Constitution, what the Organic Law of the Federal Judiciary determines shall be observed.
Article Sixth. The legislatures of the States and the Legislative Assembly of the Federal District must adjust their applicable legislation in accordance with what is provided in this Decree, no later than within one year as from its entry into force; where applicable, what is provided in Article 105, section II, fourth paragraph of the Political Constitution of the United Mexican States shall be observed.
The States that at the entry into force of this Decree have initiated electoral processes or are about to initiate them shall hold their elections in accordance with what their constitutional and legal provisions in force establish, but once the electoral process has ended they must make the adjustments referred to in the preceding paragraph within the same period indicated, counted from the day following the conclusion of the respective electoral process.
Article Seventh. All provisions that oppose this Decree are repealed.
DECREE that amends, adds and repeals various provisions of the Political Constitution of the United Mexican States.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), except for what is provided in transitory provision third below.
SECOND. The Congress of the Union, as well as the legislatures of the States and of the Federal District, must approve the laws and, where applicable, the amendments that are necessary to comply with what is provided in this Decree, no later than within a period of one year, counted from the date of entry into force thereof, except in the case of what is provided in Article 74, section IV of the Constitution.
THIRD. The dates applicable for the presentation of the Public Account and the report of the result on its review shall enter into force as from the Public Account corresponding to fiscal year 2008.
FOURTH. The Public Accounts prior to the one corresponding to fiscal year 2008 shall be subject to the following:
I.The Chamber of Deputies, within the 180 calendar days following the entry into force of this Decree, must conclude the review of the Public Accounts corresponding to fiscal years 2002, 2003, 2004 and 2005.
II.The Public Accounts corresponding to fiscal years 2006 and 2007 shall be reviewed under the terms of the provisions applicable in the matter before the entry into force of this Decree.
III.The Chamber of Deputies must conclude the review of the Public Account of fiscal year 2006 during the year 2008.
IV.The Public Account corresponding to fiscal year 2007 shall be presented no later than 15 May 2008, the report of the result on 15 March 2009 and its review must conclude in 2009.
DECREE by which various provisions of the Political Constitution of the United Mexican States are amended and added.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), with the exception of what is provided in the following transitory provisions.
Second. The accusatory criminal procedure system provided in Articles 16, second and thirteenth paragraphs; 17, third, fourth and sixth paragraphs; 19; 20 and 21, seventh paragraph, of the Constitution, shall enter into force when the corresponding secondary legislation so establishes, without exceeding the period of eight years, counted from the day following the publication of this Decree.
Consequently, the Federation, the States and the Federal District, within the scope of their respective competences, must issue and put into force the amendments or legal instruments that are necessary in order to incorporate the accusatory criminal procedure system. The Federation, the States and the Federal District shall adopt the accusatory criminal system in the modality they determine, whether regional or by type of crime.
At the moment in which the legal instruments referred to in the preceding paragraph are published, the competent powers or legislative bodies must also issue a declaration that shall be published in the official dissemination bodies, in which they expressly state that the accusatory criminal procedure system has been incorporated into said instruments and, consequently, that the guarantees that this Constitution enshrines shall begin to regulate the form and terms in which the criminal proceedings shall be conducted.
Third. Notwithstanding what is provided in transitory provision second, the accusatory criminal procedure system provided in Articles 16, second and thirteenth paragraphs; 17, third, fourth and sixth paragraphs; 19, 20 and 21, seventh paragraph, of the Constitution, shall enter into force on the day following the publication of this Decree in the Official Gazette of the Federation (DOF), in the states (federal entities) that have already incorporated it into their legal instruments in force, the procedural acts that have been carried out on the basis of such instruments being fully valid, regardless of the date on which they entered into force. For that purpose, they must make the declaration provided in transitory provision Second.
Fourth. The criminal proceedings initiated prior to the entry into force of the new accusatory criminal procedure system provided in Articles 16, second and thirteenth paragraphs; 17, third, fourth and sixth paragraphs; 19; 20 and 21, seventh paragraph, of the Constitution, shall be concluded in accordance with the provisions in force prior to said act.
Fifth. The new reinsertion system provided in the second paragraph of Article 18, as well as the regime of modification and duration of penalties established in the third paragraph of Article 21, shall enter into force when the corresponding secondary legislation so establishes, without it being able to exceed the period of three years, counted from the day following the publication of this Decree.
Sixth. The legislation on the matter of organized crime of the states (federal entities) shall continue in force until the Congress of the Union exercises the power conferred in Article 73, section XXI, of this Constitution. The criminal proceedings initiated on the basis of said legislation, as well as the judgments (sentencias) issued on the basis of the same, shall not be affected by the entry into force of the federal legislation. Therefore, they must be concluded and enforced, respectively, in accordance with the provisions in force before the entry into force of the latter.
Seventh. The Congress of the Union, no later than within six months as from the publication of this Decree, shall issue the law that establishes the National Public Security System. The states (federal entities) shall issue, no later than within one year, as from the entry into force of this Decree, the laws on this matter.
Eighth. The Congress of the Union, the Legislatures of the states and the legislative body of the Federal District must allocate the necessary resources for the reform of the criminal justice system. The budget items must be indicated in the budget immediately following the entry into force of this decree and in the successive budgets. This budget must be allocated to the design of the legal reforms, the organizational changes, the construction and operation of the infrastructure, and the training necessary for judges, agents of the Public Prosecutor's Office (Ministerio Público), police officers, defenders, experts and lawyers.
Ninth. Within the two months following the entry into force of this Decree, a coordination instance shall be created, integrated by representatives of the Executive, Legislative and Judicial Powers, in addition to the academic sector and civil society, as well as the Conferences on Public Security, Administration of Justice and of Presidents of Courts, which shall have a technical secretariat that shall assist and support the local and federal authorities, when they so request it.
Tenth. The Federation shall create a special fund for the financing of the activities of the technical secretariat referred to in transitory provision eighth. The funds shall be granted based on compliance with the obligations and the purposes that are established in the Law.
Eleventh. As long as the accusatory procedure system enters into force, the agents of the Public Prosecutor's Office (Ministerio Público) that the law determines may request from the judge the domiciliary arraigo of the indictee in the case of serious crimes and up to a maximum of forty days.
This measure shall be appropriate whenever it is necessary for the success of the investigation, the protection of persons or legal interests, or when there exists a founded risk that the accused evades the action of justice.
DECREE by which Articles 69 and 93 of the Political Constitution of the United Mexican States are amended.
First. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. All those provisions that contravene this decree are repealed.
DECREE by which Article 88 of the Political Constitution of the United Mexican States is amended.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the fifth paragraph of section I of Article 116 of the Political Constitution of the United Mexican States is amended.
First.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Legislatures of the States must make the adjustments that correspond to their Local Constitutions, as well as to their secondary legislation, within a maximum period of thirty calendar days counted from the beginning of the force of this Decree.
DECREE by which a ninth paragraph is added to Article 4o.; section XXV is amended and a section XXIX-Ñ is added to Article 73 of the Political Constitution of the United Mexican States.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. All legal acts issued and based on the previous laws and on the Federal Copyright Law (Ley Federal del Derecho de Autor) in force, such as registrations of works and contracts, reservations of rights granted, resolutions to procedures among others, as well as those entered into between private parties, contracts, agreements, testamentary successions, shall preserve their validity.
DECREE by which section XXIX-O is added to Article 73 of the Political Constitution of the United Mexican States.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The Congress of the Union must issue the law on the matter within a period no greater than 12 months, counted from the entry into force of this Decree.
Third.- As long as the Congress of the Union issues the law respective to the power that is granted in this Decree, the provisions that on the matter the legislatures of the states (federal entities) have issued shall continue in force, in the case of personal data in the possession of private parties.
DECREE by which the first paragraph of section XXI of Article 73 of the Political Constitution of the United Mexican States is amended.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The legislation on the matter of kidnapping of the states (federal entities) shall continue in force until the Congress of the Union exercises the power conferred in Article 73, section XXI, of this Constitution. The criminal proceedings initiated on the basis of said legislation, as well as the judgments (sentencias) issued on the basis of the same, shall not be affected by the entry into force of the general legislation. Therefore, they must be concluded and enforced, respectively, in accordance with the provisions in force before the entry into force of the latter.
DECREE by which a second paragraph is added, with the subsequent ones shifting in their order, to Article 16 of the Political Constitution of the United Mexican States.
Sole Article.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
ERRATUM to the Decree by which a second paragraph is added, with the subsequent ones shifting in their order, to Article 16 of the Political Constitution of the United Mexican States, published on 1 June 2009.
In the First Section, page 4, in the last transcribed paragraph, it says:
No arrest warrant may be issued except by the judicial authority and without a denunciation or complaint being appropriate for an act that the law designates as a crime, sanctioned with a penalty depriving of liberty, and there being data that establish that such act has been committed and that there exists the probability that the indictee committed it or participated in its commission.
It must say:
No arrest warrant may be issued except by the judicial authority and without a denunciation or complaint preceding for an act that the law designates as a crime, sanctioned with a penalty depriving of liberty, and there being data that establish that such act has been committed and that there exists the probability that the indictee committed it or participated in its commission.
DECREE by which a second paragraph is added to transitory provision second and a transitory provision third is added to the decree by which the fourth paragraph is declared amended and the fifth and sixth paragraphs are added, and the order of the last two paragraphs of Article 18 of the Political Constitution of the United Mexican States is shifted, published on 12 December 2005.
Sole. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which Articles 75, 115, 116, 122, 123 and 127 of the Political Constitution of the United Mexican States are amended and added.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF). The provisions that contravene this Decree shall be left without effect.
Second. The remunerations that in the current fiscal year are higher than the maximum established in this Decree must be adjusted or diminished in the budgets of expenditures corresponding to the fiscal year of the year following the one in which this Decree has entered into force.
Third. As from the fiscal year of the year following the one in which this Decree has entered into force, the earnings of the ministers of the Supreme Court of Justice of the Nation, the magistrates of the Electoral Tribunal of the Federal Judiciary, the Circuit magistrates, the District judges, the councilors of the Federal Judicature, the members of the General Council of the Federal Electoral Institute and the magistrates and judges of the State Judicial Powers, who are currently in office, shall be subject to the following:
a)The nominal remunerations indicated in the budgets in force higher than the maximum amount provided in base II of Article 127 of the Political Constitution of the United Mexican States shall be maintained during the time that their appointment lasts.
b)The remunerations additional to the nominal ones, such as gratuities, prizes, rewards, bonuses, incentives, commissions, compensations, and any remuneration in money or in kind, may only be maintained to the extent that the total remuneration does not exceed the maximum established in base II of Article 127 of the Political Constitution of the United Mexican States.
c)The increases to the nominal or additional remunerations may only be made if the total remuneration does not exceed the maximum amount referred to above.
Fourth. The Congress of the Union, the Legislatures of the States and the Legislative Assembly of the Federal District, within the scope of their competence, must issue or adjust the legislation, in accordance with the terms of this Decree, within a period of 180 calendar days following its entry into force.
Fifth. The Congress of the Union, the Legislatures of the States and the Legislative Assembly of the Federal District, within the scope of their competence, must classify and sanction criminally and administratively the conduct of the public officials whose purpose is to elude what is provided in this Decree, within a period of 180 calendar days following its entry into force.
DECREE by which section II of the Fourth Base of Subsection C of Article 122 of the Political Constitution of the United Mexican States is amended.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which a third paragraph is added and the order of the subsequent paragraphs of Article 17 of the Political Constitution of the United Mexican States is shifted.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union must make the legislative adjustments that correspond within a maximum period of one year counted from the beginning of the force of this Decree.
DECREE by which Article 43 of the Political Constitution of the United Mexican States is amended.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which various provisions of Articles 94, 103, 104 and 107 of the Political Constitution of the United Mexican States are amended, added and repealed.
First. This Decree shall enter into force 120 days after its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union shall issue the corresponding legal reforms within the 120 days following the publication of this Decree.
Third. The amparo proceedings initiated prior to the entry into force of this Decree shall continue to be processed until their final resolution in accordance with the applicable provisions in force at their initiation, except for what refers to the provisions relating to the dismissal (sobreseimiento) for procedural inactivity and expiration of the instance, as well as the compliance and enforcement of the amparo judgments (sentencias).
Fourth. For the integration of jurisprudence by reiteration, the theses approved in the matters resolved in accordance with what is provided in the provisions in force prior to the entry into force of this Decree shall not be taken into account.
DECREE by which the name of Chapter I of Title First is modified and various articles of the Political Constitution of the United Mexican States are amended.
First. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The law referred to in the third paragraph of Article 1o. of the Constitution on reparation must be issued within a maximum period of one year counted from the entry into force of this decree.
Third. The law referred to in Article 11 of the Constitution on asylum must be issued within a maximum period of one year, counted from the beginning of the force of this decree.
Fourth. The Congress of the Union shall issue the Regulatory Law of Article 29 of the Constitution on the matter of suspension of the exercise of the rights and the guarantees, within a maximum period of one year, counted from the beginning of the force of this decree.
Fifth. The Congress of the Union shall issue the Regulatory Law of Article 33 of the Constitution, on the matter of expulsion of foreigners, within a maximum period of one year counted from the beginning of the force of this decree. As long as the aforementioned law is issued, this article shall continue to be applied under the terms of the text in force.
Sixth. The cases provided in the second paragraph of Article 97 of the Constitution that are pending resolution at the moment in which the amendment enters into force shall continue to be handled by the Supreme Court of Justice of the Nation until their conclusion.
Seventh. As regards Subsection B of Article 102 of the Constitution and the autonomy of the local human rights bodies, the local legislatures must make the adjustments that correspond within a maximum period of one year counted from the beginning of the force of this decree.
Eighth. The Congress of the Union shall adjust the Law of the National Human Rights Commission within a maximum period of one year, counted from the beginning of the force of this decree.
Ninth. All provisions that contravene this decree are repealed.
DECREE by which Articles 19, 20 and 73 of the Political Constitution of the United Mexican States are amended.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union must issue the General Law to Prevent and Sanction Trafficking in Persons, within a period no greater than the 180 days following the entry into force of this Decree.
DECREE by which Articles 71, 72 and 78 of the Political Constitution of the United Mexican States are amended.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which a tenth paragraph is added to Article 4o. and section XXIX-J of Article 73 of the Political Constitution of the United Mexican States is amended.
First. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. Within the period of one year, as from the publication of this Decree, the Congress of the Union shall issue the general regulatory legislation of Article Fourth of the Constitution on the matter of physical culture and sport
DECREE by which the sixth and seventh paragraphs of Article 4o. are amended and section XXIX-P is added to Article 73 of the Political Constitution of the United Mexican States.
SOLE.- This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which a third paragraph is added to Article 4o., with the subsequent ones shifting in their order, and a second paragraph is added to section XX of Article 27, both of the Political Constitution of the United Mexican States.
SOLE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the fifth paragraph is declared amended and a sixth paragraph is added, with the subsequent ones shifting in their order, to Article 4o. of the Political Constitution of the United Mexican States.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The Congress of the Union shall have a period of 180 days to incorporate the provisions relating to the right to a healthy environment and the responsibilities for environmental damage and deterioration.
Third.- The Congress of the Union shall have a period of 360 days to issue a General Law of Waters.
DECREE by which the first paragraph; subparagraph c) of section II and section V of Article 3o., and section I of Article 31 of the Political Constitution of the United Mexican States are declared amended.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The obligatoriness of the State to guarantee upper secondary education, as a duty of the same to offer a place to pursue it to whoever, having the typical age, has completed basic education, shall be carried out in a gradual and increasing manner as from the 2012-2013 school cycle and until achieving full coverage in its various modalities in the country no later than the 2021-2022 school cycle, with the budgetary concurrence of the Federation and of the states (federal entities), and under the terms established in the instruments of the National System and the State Systems of Democratic Planning for Development.
Third. In order to comply with the principle of obligatoriness, the necessary resources shall be included in the federal, state and municipal budgets; likewise, the mechanisms shall be established to promote the implementation of multi-annual budgets that ensure in the long term the increasing economic resources for upper secondary education infrastructure.
Fourth. Within the 180 days following the entry into force of this Decree, the Congress of the Union and the legislatures of the states must adjust, within the scope of their respective competences, the General Law of Education and the other legal provisions applicable in the matter.
DECREE by which the second paragraph of section XXI of Article 73 of the Political Constitution of the United Mexican States is added.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union must make the reforms to the secondary laws that correspond within a maximum period of up to six months, counted from the day following the entry into force of this Decree.
Third. The federal authorities may exercise the power of attraction referred to in this Decree, after the entry into force of the reforms to the secondary law that the Honorable Congress of the Union issues for that purpose.
DECREE by which various provisions of the Political Constitution of the United Mexican States are amended and added, on political matters.
ARTICLE FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
ARTICLE SECOND. The Congress of the Union must issue the legislation to enforce what is provided in this Decree, no later than within one year counting from the entry into force of the same.
ARTICLE THIRD. The Congresses of the States and the Legislative Assembly of the Federal District must make the necessary adjustments to their secondary legislation derived from this Decree within a period no greater than one year, counted from its entry into force.
ARTICLE FOURTH. All provisions that oppose this Decree are repealed.
DECREE by which Articles 46, 76 and 105 of the Political Constitution of the United Mexican States are amended.
SOLE. This amendment shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), and all normative provisions that contravene this decree shall be repealed.
DECREE by which Article 40 of the Political Constitution of the United Mexican States is amended.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which Articles 3o. in its sections III, VII and VIII; and 73, section XXV, are amended, and a third paragraph, a subparagraph d) to the second paragraph of section II and a section IX are added to Article 3o. of the Political Constitution of the United Mexican States.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Federal Executive shall submit to the Senate the slates for the appointment of the members of the Governing Board of the National Institute for the Evaluation of Education (Instituto Nacional para la Evaluación de la Educación), within a maximum term of sixty calendar days from the publication of this Decree in the Official Gazette of the Federation (DOF), which must fall on persons with capacity and experience in the matters within the competence of the Institute.
In order to ensure the staggered renewal of the members, the first appointments shall be made for the following periods:
I.Two appointments for a period of five years;
II.Two appointments for a period of six years, and
III.One appointment for a period of seven.
The Federal Executive shall determine the period corresponding to each of the members, upon submitting their appointment to the approval of the Senate.
For the conformation of the First Governing Board of the Institute, the Federal Executive shall submit to the approval of the Senate five slates so that from among them the five members that shall constitute it are appointed. The submission of slates in the future shall correspond to the staggered renewal specified in the second paragraph of this article.
The first President of the Governing Board of the Institute shall hold office for four years.
Third. The Congress of the Union shall issue the Law of the National Institute for the Evaluation of Education, as well as the corresponding amendments to the General Education Law, no later than within a term of six months counted from the date of publication of this Decree.
While the Congress of the Union issues the Law of the National Institute for the Evaluation of Education, the National Institute created by this Decree shall exercise its attributions and competence in accordance with the Decree by which the other Decree by which the National Institute for the Evaluation of Education is created is amended, published in the Official Gazette of the Federation (DOF) of 16 May 2012, insofar as it does not oppose this Decree. For these effects, the attributions provided in said instrument for the Governing Body and the Technical Board shall be exercised by the Governing Board of the Institute, and those of the Presidency by the President of the Governing Board.
Fourth. The material and financial resources, as well as the employees assigned to the decentralized body National Institute for the Evaluation of Education, become part of the Institute created in the terms of this Decree.
Fifth. For the due fulfillment of the provisions of Articles 3o. and 73, section XXV, of this Constitution, the Congress of the Union and the competent authorities shall provide at least the following:
I.The creation of an Educational Information and Management System. To that end, during the year 2013 the National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía) shall carry out a census of schools, teachers and students, that allows the authority to have on a single platform the data necessary for the operation of the educational system and that, in turn, allows a direct communication between school principals and the educational authorities;
II.The use of the evaluation of teaching performance to give greater relevance and capacities to the national system of training, updating, capacitation and professional improvement for teachers, within the framework of the creation of a professional teaching service. The evaluation of teachers must have, as its first purpose, that they and the educational system have well-founded references for the reflection and dialogue conducive to a better professional practice. The educational system shall grant the necessary supports so that teachers can, as a priority, develop their strengths and overcome their weaknesses, and
III.The adjustments to the legal framework in order to:
a)Strengthen the management autonomy of schools before the levels of government that correspond, with the objective of improving their infrastructure, purchasing educational materials, resolving basic operating problems and fostering conditions of participation so that students, teachers and parents, under the leadership of the principal, become involved in the resolution of the challenges that each school faces.
b)Establish in a gradual form and in accordance with budgetary sufficiency full-time schools with working days of between 6 and 8 hours daily, in order to make better use of the time available for academic, sports and cultural development. In those schools that need it, in accordance with the indices of poverty, marginalization and food condition, efficient schemes shall be promoted for the supply of nutritious food to students from local micro-enterprises, and
c)Prohibit in all schools foods that do not favor the health of the students.
To that end, the Legislative Power shall make the pertinent normative adjustments and shall provide in them the elements that allow the Federal Executive to implement this measure. The Federal Executive shall implement it within a term of 180 calendar days, counted from the day following the entry into force of the rules issued for that purpose by the Congress of the Union.
Sixth. All those provisions that contravene this Decree are repealed.
DECREE by which the first and last paragraphs of Article 25, as well as the first and third paragraphs of subsection A of Article 26 of the Political Constitution of the United Mexican States are amended.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND. The Federal Executive shall have a term of 16 months to initiate the regulatory laws pertinent to this amendment.
DECREE by which various provisions of Articles 6o., 7o., 27, 28, 73, 78, 94 and 105 of the Political Constitution of the United Mexican States are amended and added, in the matter of telecommunications.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND. The measures to promote competition in television, radio, telephony and data services shall be applied in all segments in such a way that, taken as a whole, effective competition in broadcasting and telecommunications is guaranteed.
THIRD. The Congress of the Union shall make the necessary adjustments to the legal framework in accordance with this Decree within one hundred eighty calendar days following its entry into force, and shall:
I.Establish special criminal offenses that severely punish monopolistic practices and phenomena of concentration;
II.Regulate the public body referred to in Article 6o. that is added by virtue of this Decree. The human, financial and material resources of the decentralized body known as the Audiovisual Media Promotion Agency (Organismo Promotor de Medios Audiovisuales) shall pass to this public body;
III.Establish the mechanisms to harmonize the regime of permits and concessions of broadcasting, so that only concessions exist, ensuring a diversity of media that makes it possible to distinguish concessions of commercial, public, private and social use, which include community and Indigenous ones;
IV.Regulate the right of reply;
V.Establish the prohibition on disseminating misleading or surreptitious advertising;
VI.Establish the mechanisms that ensure the promotion of independent national production;
VII.Establish specific prohibitions in the matter of cross-subsidies or preferential treatment, consistent with the principles of competition, so that broadcasting or telecommunications operators do not grant subsidies to the services they provide, by themselves or through their subsidiary, affiliated or related companies, or companies belonging to the same economic interest group. Each concessionaire shall set minimum rates, consistent with the principles of competition, for the broadcasting of advertisements, which shall be submitted to the authority for public registration;
VIII.Determine the criteria under which the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones) shall grant the authorizations for access to multiprogramming, under the principles of competition and quality, guaranteeing the right to information and attending in a particular manner to the national and regional concentration of frequencies, including, where applicable, the payment of the considerations due;
IX.Create an Advisory Council (Consejo Consultivo) of the Federal Telecommunications Institute, made up of honorary members and entrusted with acting as an advisory body in the observance of the principles established in Articles 6o. and 7o. of the Constitution, and
X.Approve the laws, amendments and additions that derive from this Decree.
FOURTH. Within the same period referred to in the preceding article, the Congress of the Union shall issue a single legal instrument that regulates, in a convergent manner, the use, utilization and exploitation of the radio spectrum, telecommunications networks, as well as the provision of broadcasting and telecommunications services.
The law shall establish that concessions shall be single, so that concessionaires may provide all types of services through their networks, provided that they comply with the obligations and considerations imposed on them by the Federal Telecommunications Institute and, where applicable, the corresponding considerations.
The Federal Telecommunications Institute, once it has determined the concessionaires that have the character of preponderant economic agent under the terms of section III of the Eighth Transitory Article of this Decree, shall establish, within the following sixty calendar days, through guidelines of a general nature, the requirements, terms and conditions that current broadcasting, telecommunications and telephony concessionaires must comply with in order for them to be authorized to provide services additional to those that are the object of their concession or to move to the single concession model, provided that they are in compliance with the obligations provided for in the laws and in their concession titles. The authorization referred to in this paragraph may be granted to preponderant economic agents only when they are in compliance with the measures imposed on them in accordance with the provisions of sections III and IV of the Eighth Transitory Article of this Decree. The Institute shall decide on the admissibility or inadmissibility of the authorizations referred to in this paragraph within sixty calendar days following the filing of the respective applications and, in the first case, shall determine the corresponding considerations.
FIFTH. Upon the entry into force of this Decree, direct foreign investment of up to one hundred percent shall be permitted in telecommunications and satellite communication.
Direct foreign investment of up to a maximum of forty-nine percent shall be permitted in broadcasting. Within this maximum of foreign investment, the reciprocity that exists in the country in which the investor or the economic agent that ultimately controls the latter, directly or indirectly, is incorporated shall be observed.
The digital terrestrial transition shall conclude on 31 December 2015. The Powers of the Union shall be obliged to promote, within their sphere of competence, the implementation of the receiver and decoder equipment necessary for the adoption of this government policy, guaranteeing, in turn, the budgetary resources that may be necessary. Concessionaires and permit holders are obliged to return, as soon as the transition process to digital terrestrial television concludes, the frequencies that were originally granted to them by the State, in order to guarantee the efficient use of the radio spectrum, competition and the optimal use of the 700 MHz band.
SIXTH. For the purpose of ensuring the staggering in the office of the Commissioners of the Federal Economic Competition Commission (Comisión Federal de Competencia Económica) and of the Federal Telecommunications Institute, the first Commissioners appointed in each of those bodies shall conclude their term on the last day of February of the years 2016, 2017, 2018, 2019, 2020, 2021 and 2022.
The Federal Executive, when submitting the appointments to the Senate of the Republic (Senado de la República) for ratification, shall indicate the respective periods.
For the appointments of the first Commissioners, both of the Federal Economic Competition Commission and of the Federal Telecommunications Institute, the following shall be observed:
I.The Evaluation Committee (Comité de Evaluación) referred to in Article 28 of the Constitution shall send the respective lists of applicants to the Federal Executive, within sixty calendar days following the entry into force of this Decree;
II.Once the lists are received, the Federal Executive shall send its proposals to the Senate of the Republic within the following ten calendar days;
III.The Senate of the Republic, once assembled, shall have a period of ten calendar days to decide on the proposal, and
IV.In the event that, with respect to the same vacancy, the Senate of the Republic does not approve the appointment of the Federal Executive on two occasions, the latter shall be responsible for the direct appointment of the respective commissioner, from the list of applicants presented by the Evaluation Committee referred to in Article 28 of the Constitution.
SEVENTH. As long as the constitutional bodies are integrated in accordance with the provisions of the Sixth Transitory Article, the deconcentrated bodies Federal Competition Commission (Comisión Federal de Competencia) and Federal Telecommunications Commission (Comisión Federal de Telecomunicaciones) shall continue in their functions, in accordance with the legal framework in force at the entry into force of this Decree. The human, financial and material resources of the aforementioned deconcentrated bodies shall pass to the constitutional bodies that are created by virtue of this Decree.
The proceedings initiated prior to the integration of the Federal Economic Competition Commission and of the Federal Telecommunications Institute shall continue their processing before these bodies under the terms of the legislation applicable at the time of their initiation. The resolutions issued in these proceedings may only be challenged, under the terms of the provisions of this Decree, through indirect amparo proceeding.
Likewise, the trials and appeals in process shall continue until their conclusion in accordance with the legislation in force at the entry into force of this Decree.
If the adjustments to the legal framework provided for in the Third Transitory Article have not been made as of the date of the integration of the Federal Economic Competition Commission and of the Federal Telecommunications Institute, these shall exercise their attributions in accordance with the provisions of this Decree and, insofar as it does not oppose the latter, in the laws in force in the matter of economic competition, broadcasting and telecommunications.
EIGHTH. Once the Federal Telecommunications Institute is constituted in accordance with the provisions of the Sixth Transitory Article, the following shall be observed:
I.Concessionaires that provide broadcast television services are obliged to allow restricted television concessionaires the retransmission of their signal, free of charge and in a non-discriminatory manner, within the same geographic coverage area, in full, simultaneous and without modifications, including advertising and with the same quality of the signal that is broadcast.
Concessionaires that provide restricted television services are obliged to retransmit the broadcast television signal, free of charge and in a non-discriminatory manner, within the same geographic coverage area, in full, simultaneous and without modifications, including advertising and with the same quality of the signal that is broadcast, and to include it at no additional cost in the services contracted by subscribers and users. Satellite restricted television concessionaires shall only be obliged to retransmit broadcast signals with coverage of fifty percent or more of the national territory. All restricted television concessionaires shall retransmit the signals broadcast by federal public institutions.
Telecommunications or broadcast television concessionaires that have been declared to have substantial power in any of the telecommunications or broadcasting markets or as preponderant economic agents under the terms of this Decree shall not have the right to the free-of-charge rule for broadcasting content or for free retransmission; which in no case shall be reflected as an additional cost in the services contracted by subscribers and users. These concessionaires shall agree on the conditions and prices of the broadcast content or of the retransmission. In case of disagreement, the Federal Telecommunications Institute shall determine the rate under the principles of free competition and concurrence. The Federal Telecommunications Institute shall sanction with the revocation of the concession the preponderant economic agents or those with substantial power that benefit directly or indirectly from the free-of-charge rule, through other concessionaires, without prejudice to the payment of the considerations that correspond. The concession of the latter shall also be revoked.
The obligations to offer and retransmit broadcast content free of charge shall cease to be in force simultaneously when conditions of competition exist in the broadcasting and telecommunications markets. This declaration shall be made by the Federal Telecommunications Institute under the terms established by the law. In this case, concessionaires shall be free to agree on the prices and conditions of the retransmission of broadcast content. In case of disagreement, the Federal Telecommunications Institute shall determine the rate, which must be cost-oriented.
II.In order to give full compliance to the Program for the Bidding and Awarding of Digital Broadcast Television Frequencies (Programa de Licitación y Adjudicación de Frecuencias de Televisión Radiodifundida Digital), the Federal Telecommunications Institute shall publish, within a period no greater than one hundred eighty calendar days from its integration, the bases and calls for bidding for new broadcast television frequency concessions, which shall be grouped in order to form at least two new television chains with national coverage, under the principles of efficient functioning of the markets, maximum national coverage of services, right to information and social function of the media of communication, and attending in a particular manner to the barriers to entry and the characteristics existing in the open television market. Those concessionaires or groups related by commercial, organizational, economic or legal ties that currently accumulate concessions to provide broadcasting services of 12 MHz of radio spectrum or more in any geographic coverage area may not participate in the biddings.
III.The Federal Telecommunications Institute shall determine the existence of preponderant economic agents in the broadcasting and telecommunications sectors, and shall impose the measures necessary to prevent competition and free concurrence from being affected and, with it, the end users. Such measures shall be issued within a period no greater than one hundred eighty calendar days counted from its integration, and shall include, as applicable, those related to information, offer and quality of services, exclusive agreements, limitations on the use of terminal equipment between networks, asymmetric regulation of rates and network infrastructures, including the disaggregation of their essential elements and, where applicable, the accounting, functional or structural separation of such agents.
For the purposes of the provisions of this Decree, any agent that has, directly or indirectly, a national participation greater than fifty percent shall be considered as a preponderant economic agent, by reason of its national participation in the provision of broadcasting or telecommunications services, this percentage being measured either by the number of users, subscribers, audience, by the traffic on its networks or by the capacity used of the same, in accordance with the data available to the Federal Telecommunications Institute.
The obligations imposed on the preponderant economic agent shall be extinguished in their effects by declaration of the Federal Telecommunications Institute once, in accordance with the law, conditions of effective competition exist in the market in question.
IV.The Federal Telecommunications Institute, within a period no greater than one hundred eighty calendar days counted from its integration, shall establish the measures that permit the effective disaggregation of the local network of the preponderant telecommunications agent so that other telecommunications concessionaires may access, among others, the physical, technical and logical means of connection between any terminal point of the public telecommunications network and the access point to the local network belonging to said agent. These measures shall also be applicable to the economic agent with substantial power in the relevant market of services to the end user.
The measures referred to in the preceding paragraph shall consider as an essential input all the elements necessary for the effective disaggregation of the local network. In particular, concessionaires may choose the elements of the local network that they require from the preponderant agent and the access point to it. The aforementioned measures may include the regulation of prices and rates, technical and quality conditions, as well as their implementation schedule, in order to seek universal coverage and the increase in the penetration of telecommunications services.
V.The Federal Telecommunications Institute shall review, within the one hundred eighty calendar days following its integration, the concession titles in force, in order to verify compliance with their terms, conditions and modalities.
VI.Within a period of one hundred eighty calendar days following its integration, the Federal Telecommunications Institute shall gather the information necessary in order to constitute the Public Registry of Concessions (Registro Público de Concesiones) referred to in Article 28 of the Constitution.
NINTH. In relation to the resolutions referred to in sections III and IV of the preceding article, the following shall be observed:
I.They shall be issued in conformity with the procedure established by the legislation in force on the date of their issuance and, in the absence of an express provision, in accordance with the Federal Law of Administrative Procedure (Ley Federal de Procedimiento Administrativo);
II.They may only be challenged through the indirect amparo proceeding and shall not be the object of suspension, just as established in Article 28 of the Constitution, amended by virtue of this Decree. The general rules applied during the proceeding and the intra-procedural acts may only be claimed in the amparo filed against the referred resolution, and
III.They shall not admit any administrative appeal and may only be challenged through the indirect amparo proceeding under the terms of the preceding section.
Failure to comply with the measures contemplated in the aforementioned resolutions shall be sanctioned under the terms of the applicable provisions. Failure to comply with the accounting, functional or structural separation shall give rise to the revocation of the concession titles.
TENTH. Public media that provide the broadcasting service shall have editorial independence; autonomy of financial management; guarantees of citizen participation; clear rules for transparency and accountability; defense of their content; financing options; full access to technologies, and rules for the expression of ideological, ethnic and cultural diversities.
ELEVENTH. In order for advertising on radio and television to be balanced, the law shall provide the Federal Telecommunications Institute with attributions to monitor compliance with the maximum times that it sets for the transmission of commercial messages.
The law shall ensure that programming directed at the child population respects the values and principles referred to in Article 3o. of the Constitution, as well as the rules in the matter of health, and shall establish specific guidelines that regulate advertising scheduled in programming intended for the child audience. The Institute shall have powers to supervise its compliance.
Likewise, the Institute shall be responsible for resolving any disagreement in the matter of retransmission of content, with the exception of the electoral matter.
TWELFTH. The Federal Judiciary Council (Consejo de la Judicatura Federal) shall establish Collegiate Circuit Courts and District Courts specialized in the matter of economic competition, broadcasting and telecommunications, within a period no greater than sixty calendar days counted from the entry into force of this Decree.
The Federal Judiciary Council shall issue agreements of a general character in which the form of assignment of the matters and the rotation of specialized judges and magistrates that will hear them shall be provided for, as well as the pertinent measures to guarantee the independence, objectivity and impartiality of the courts and tribunals referred to in the preceding paragraph.
THIRTEENTH. The Chamber of Deputies, in the Federation's Expenditure Budget, shall approve the provisions necessary to provide budgetary sufficiency to the regulatory bodies referred to in this Decree for the performance of their functions, as well as the budgetary provisions for the good functioning of the body referred to in Article 6o., Subsection B, section V, of the Constitution.
FOURTEENTH. The Federal Executive shall be responsible for the universal digital inclusion policy, which shall include the objectives and goals in the matter of infrastructure, accessibility and connectivity, information and communication technologies, and digital skills, as well as digital government, open government and open data programs, promotion of public and private investment in applications of telehealth, telemedicine and Electronic Clinical Record (Expediente Clínico Electrónico) and development of digital applications, systems and content, among other aspects.
Said policy shall have, among other goals, that at least 70 percent of all households and 85 percent of all micro, small and medium-sized enterprises at the national level have access with a real speed for downloading information in conformity with the average registered in the member countries of the Organization for Economic Cooperation and Development (Organización para la Cooperación y el Desarrollo Económicos). This characteristic shall be offered at internationally competitive prices.
The Federal Telecommunications Institute shall carry out the actions necessary to contribute to the objectives of the universal digital inclusion policy.
Likewise, the Federal Executive shall prepare the broadcasting and telecommunications policies of the Federal Government and shall carry out the actions tending to guarantee access to broadband Internet in buildings and facilities of the agencies and entities of the Federal Public Administration. The states (federal entities) shall do the same within their sphere of competence.
FIFTEENTH. The Federal Electricity Commission (Comisión Federal de Electricidad) shall totally cede to Telecommunications of Mexico (Telecomunicaciones de México) its concession to install, operate and exploit a public telecommunications network and shall transfer to it all the resources and equipment necessary for the operation and exploitation of said concession, with the exception of the optical fiber, rights of way, towers, poles, buildings and facilities that shall remain in charge of the Federal Electricity Commission, guaranteeing to Telecommunications of Mexico effective and shared access to said infrastructure for its efficient use, in order to achieve the adequate exercise of its functions and the compliance with its objectives. Telecommunications of Mexico shall have attributions and resources to promote access to broadband services, plan, design and execute the construction and growth of a robust trunk telecommunications network of national coverage, as well as satellite communication and the provision of the telegraph service. The foregoing, in accordance with the guidelines and agreements issued by the Federal Telecommunications Institute.
SIXTEENTH. The State, through the Federal Executive, in coordination with the Federal Telecommunications Institute, shall guarantee the installation of a shared public telecommunications network that promotes the effective access of the population to broadband communication and to telecommunications services, in conformity with the principles contained in Article 6o., Subsection B, section II of this Decree and the following characteristics:
I.It shall begin installation before the year 2014 concludes, and shall be in operation before the year 2018 concludes;
II.It shall contemplate the utilization of at least 90 MHz of the spectrum released by the transition to Digital Terrestrial Television (Televisión Digital Terrestre) (700 MHz band), of the resources of the trunk optical fiber network of the Federal Electricity Commission and of any other asset of the State that may be used in the installation and the operation of the shared network;
III.It may contemplate public or private investment, identifying the budgetary needs and, where applicable, the provisions that the Chamber of Deputies must approve;
IV.It shall ensure that no provider of telecommunications services has influence in the operation of the network;
V.It shall ensure access to the assets required for the installation and operation of the network, as well as compliance with its purpose and obligations of coverage, quality and non-discriminatory provision of services;
VI.It shall operate under principles of sharing of all its infrastructure and the disaggregated sale of all its services and capacities, and shall provide services exclusively to the marketing and operating companies of telecommunications networks, under conditions of non-discrimination and at competitive prices. The operators that make use of said sharing and disaggregated sale shall be obliged to offer to the other operators and marketers the same conditions that they receive from the shared network, and
VII.It shall promote that the tariff policy of the shared network fosters competition and that it ensures the reinvestment of profits for the updating, growth and universal coverage.
The Federal Executive, within the framework of the National Democratic Planning System (Sistema Nacional de Planeación Democrática), shall include in the respective programmatic instruments the actions necessary for the development of the network referred to in this article.
SEVENTEENTH. Within the framework of the National Democratic Planning System, the Federal Executive shall include in the National Development Plan (Plan Nacional de Desarrollo) and in the pertinent sectoral, institutional and special programs the following actions:
I.The growth of the trunk network provided for in the Sixteenth Transitory Article of this Decree, whether through public, private or mixed investment, in order to ensure the maximum coverage of services to the population;
II.A broadband program at public sites that identifies the number of sites to be connected each year, until reaching universal coverage;
III.A detailed study that identifies the greatest possible number of federal public sites, ducts, poles and rights of way that shall be placed at the disposal of the telecommunications and broadcasting operators to expedite the deployment of their networks. The program shall include the consideration that the concessionaires shall pay for the corresponding utilization, under principles of non-discriminatory access and prices that promote compliance with the right referred to in Article 6o., third paragraph, of the Constitution, provided that the concessionaire offers the same conditions in the access to its own infrastructure;
IV.A work program to give full compliance to the policy for the transition to Digital Terrestrial Television and the budgetary resources necessary for it, and
V.A National Radio Spectrum Program (Programa Nacional de Espectro Radioeléctrico) that, by way of illustration and not limitation, shall include the following:
a)A work program to guarantee the optimal use of the 700 MHz and 2.5 GHz bands under principles of universal, non-discriminatory, shared and continuous access, and
b)A work program to reorganize the radio spectrum to radio and television stations.
The Federal Telecommunications Institute shall carry out the actions necessary to contribute to the objectives and goals set in the National Development Plan and other programmatic instruments, related to the broadcasting and telecommunications sectors.
EIGHTEENTH. The labor rights of the employees that provide their services in the companies and bodies dedicated to the activities that this Decree comprises shall be respected at all times in conformity with the law.
DECREE by which Article 24 of the Political Constitution of the United Mexican States is amended.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which Article 37 of the Political Constitution of the United Mexican States is amended.
FIRST. This decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND. Any provision that contravenes this Decree shall be rendered without effect.
DECREE by which section XXI of Article 73 of the Political Constitution of the United Mexican States is amended.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF) in accordance with the provisions provided in the following articles.
SECOND. The single legislation in the criminal procedural matters, alternative dispute resolution mechanisms and execution of penalties that the Congress of the Union issues in accordance with this Decree, shall enter into force throughout the Republic no later than the eighteenth day of June of two thousand sixteen.
The legislation in force in the criminal procedural matters, alternative dispute resolution mechanisms and execution of penalties issued by the Congress of the Union, the legislatures of the States and the Legislative Assembly of the Federal District shall continue in force until the legislation that the Congress of the Union issues in accordance with this Decree with respect to each of said matters enters into force.
THIRD. The criminal proceedings initiated prior to the entry into force of the criminal procedural legislation that this Decree establishes, shall be concluded in accordance with the provisions in force at the moment said proceedings were initiated.
DECREE amending and adding various provisions of the Political Constitution of the United Mexican States, on Energy Matters.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The labor rights of the employees who provide their services in the bodies, offices and entities of the Federal Public Administration dedicated to the activities that this Decree comprises shall be respected at all times in accordance with the law.
Third. The law shall establish the form and terms, which may not exceed two years from the publication of this Decree, for the decentralized bodies named Mexican Petroleum (Petróleos Mexicanos) and Federal Electricity Commission (Comisión Federal de Electricidad) to become productive enterprises of the State. While this transition is carried out, Mexican Petroleum and its subsidiary bodies are empowered to receive assignments and to enter into the contracts referred to in the seventh paragraph of article 27 that is amended by this Decree. Likewise, the Federal Electricity Commission may enter into the contracts referred to in the sixth paragraph of article 27 that is amended by virtue of this Decree.
Fourth. Within the one hundred twenty calendar days following the entry into force of this Decree, the Congress of the Union shall make the adjustments that are necessary to the legal framework, in order to make effective the provisions of this Decree, among them, to regulate the contracting modalities, which shall be, among others: of services, of profit or production sharing, or of license, in order to carry out, on behalf of the Nation, the activities of exploration and extraction of petroleum and of solid, liquid or gaseous hydrocarbons, including those that the productive enterprises of the State may carry out with private parties, in terms of the provisions of article 27 of this Constitution. In each case, the State shall define the contractual model that is most convenient in order to maximize the revenues of the Nation.
The law shall establish the modalities of the considerations that the State shall pay to its productive enterprises or to private parties by virtue of the activities of exploration and extraction of petroleum and of the other hydrocarbons that they carry out on behalf of the Nation. Among other modalities of considerations, the following shall be regulated: I) in cash, for the contracts of services; II) with a percentage of the profit, for the contracts of shared profit; III) with a percentage of the production obtained, for the contracts of shared production; IV) with the onerous transfer of the hydrocarbons once they have been extracted from the subsoil, for the license contracts, or V) any combination of the foregoing. The Nation shall choose the modality of consideration attending always to maximizing the revenues in order to achieve the greatest benefit for long-term development. Likewise, the law shall establish the considerations and contributions payable by the productive enterprises of the State or the private parties and shall regulate the cases in which the payment in favor of the Nation shall be imposed on them for the products extracted that are transferred to them.
Fifth. The productive enterprises of the State that have an assignment or enter into a contract to carry out activities of exploration and extraction of petroleum and other solid, liquid or gaseous hydrocarbons, as well as the private parties that enter into a contract with the State or any of its productive enterprises of the State, for the same purpose, in accordance with the provisions established in this Decree, may report for accounting and financial purposes the corresponding assignment or contract and its expected benefits, as long as it is affirmed in the assignments or contracts that the petroleum and all the solid, liquid or gaseous hydrocarbons that are found in the subsoil are the property of the Nation.
The provisions of the preceding paragraph shall be applicable to Mexican Petroleum and its subsidiary bodies during the transition period referred to in the third transitory provision of this Decree.
Sixth. The Ministry in charge of Energy matters, with the technical assistance of the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos), shall be in charge of awarding to Mexican Petroleum the assignments referred to in the seventh paragraph of article 27 of this Constitution.
The body shall submit to the consideration of the Ministry in charge of Energy matters the award of the areas under exploration and the fields that are in production, which it is in capacity to operate, through assignments. For the foregoing, it must prove that it has the technical, financial and execution capacities necessary to explore and extract the hydrocarbons in an efficient and competitive manner. The application shall be submitted within the ninety calendar days following the entry into force of this Decree.
The Ministry in charge of Energy matters shall review the application, with the technical assistance of the National Hydrocarbons Commission, and shall issue the corresponding resolution within the term of one hundred eighty calendar days following the date of the application of Mexican Petroleum, establishing therein the surface, depth and term of validity of the assignments that proceed. The foregoing taking into account, among others, the following aspects:
a)For hydrocarbon exploration assignments: in the areas in which, as of the date of entry into force of this Decree, Mexican Petroleum has made commercial discoveries or investments in exploration, it shall be possible that, based on its investment capacity and subject to a clearly established plan of exploration of each assigned area, it continues with the works within a term of three years, extendable for a maximum period of two years depending on the technical characteristics of the field in question and on the compliance with said exploration plan, and in case of success, that it continues with the extraction activities. If the exploration plan is not complied with, the area in question shall revert to the State.
b)For hydrocarbon extraction assignments: Mexican Petroleum shall maintain its rights in each one of the fields that are in production as of the date of entry into force of this Decree. It shall submit a development plan of said fields that includes descriptions of the works and investments to be carried out, justifying their adequate use and an efficient and competitive production.
For the determination of the characteristics established in each hydrocarbon extraction assignment, the coexistence of different fields in a given area shall be considered. Based on the foregoing, the specific depth for each assignment may be established, so that the extractive activities may be carried out, separately, in those fields that are located in the same area but at a different depth, in order to maximize the development of prospective resources for the benefit of the Nation.
In case that, as a result of the process of award of assignments to carry out the activities of exploration and extraction of petroleum and of solid, liquid or gaseous hydrocarbons mentioned in this transitory provision, investments of Mexican Petroleum were to be affected, these shall be recognized at their fair economic value in the terms that for such purpose the Ministry in charge of Energy matters provides. The State may determine a consideration when making an assignment. The assignments may not be transferred without approval of the Ministry in charge of Energy matters.
Mexican Petroleum may propose to the Ministry in charge of Energy matters, for its authorization, the migration of the assignments that are awarded to it to the contracts referred to in article 27, seventh paragraph, of this Constitution. For this, the Ministry in charge of Energy matters shall have the technical assistance of the National Hydrocarbons Commission.
In the migration of the assignments to contracts, when Mexican Petroleum chooses to contract with private parties, in order to determine the private contractor, the National Hydrocarbons Commission shall carry out the bidding in the terms that the law provides. The law shall provide, at least, that the Ministry in charge of Energy matters establishes the technical and contractual guidelines, and that the Ministry in charge of Finance matters shall be in charge of establishing the fiscal conditions. In these cases, the administration of the contract shall be subject to the same authorities and control mechanisms that shall apply to the contracts entered into by the State.
Seventh. In order to promote the participation of national and local productive chains, the law shall establish, within the term provided in the fourth transitory provision, the bases and the minimum percentages of national content in the supply for the execution of the assignments and contracts referred to in this Decree.
The law shall establish mechanisms to promote the national industry in the matters of this Decree.
The legal provisions on national content shall conform to the provisions of the international treaties and trade agreements entered into by Mexico.
Eighth. Derived from its strategic character, the activities of exploration and extraction of petroleum and of the other hydrocarbons, as well as the public service of transmission and distribution of electric energy, referred to in this Decree are considered of social interest and public order, for which reason they shall have preference over any other that implies the use of the surface and of the subsoil of the lands affected by those.
The law shall provide the terms and the general conditions of the consideration that shall be paid for the occupation or surface affectation or, as the case may be, the respective compensation (indemnity).
The titles of mining concessions that are in force at the entry into force of this Decree and those that are granted subsequently shall not confer rights for the exploration and extraction of petroleum and the other solid, liquid or gaseous hydrocarbons, without prejudice to the rights provided in their own concessions. The concessionaires shall allow the carrying out of these activities.
The law shall provide, when it is technically possible, mechanisms to facilitate the coexistence of the activities mentioned in this transitory provision with others that the State or the private parties carry out.
Ninth. Within the term provided in the fourth transitory provision of this Decree, the Congress of the Union shall make the adjustments to the legal framework, in order to establish that the contracts and the assignments that the State enters into with productive enterprises of the State or with private parties to carry out, on behalf of the Nation, the activities of exploration and extraction of petroleum and of solid, liquid or gaseous hydrocarbons, shall be granted through mechanisms that guarantee the maximum transparency, for which reason it shall be provided that the bases and rules of the procedures that are established for such purpose shall be duly disseminated and publicly consultable.
Likewise, the law shall provide and regulate:
a)That the contracts have transparency clauses, that make it possible for any interested party to consult them;
b)A system of external audits to supervise the effective recovery, as the case may be, of the costs incurred and other accounting involved in the operation of the contracts, and
c)The disclosure of the considerations, contributions and payments provided in the contracts.
Tenth. Within the term provided in the fourth transitory provision of this Decree, the Congress of the Union shall make the adjustments that are necessary to the legal framework in order to establish, among others, the following attributions of the offices and bodies of the Federal Public Administration:
a)To the Ministry in charge of Energy matters: to establish, conduct and coordinate the energy policy, the award of assignments and the selection of areas that may be the object of the contracts referred to in the seventh paragraph of article 27 of this Constitution, with the technical assistance of the National Hydrocarbons Commission; the technical design of said contracts and the technical guidelines that shall be observed in the bidding process; as well as the granting of permits for the treatment and refining of petroleum, and processing of natural gas. In matters of electricity, it shall establish the terms of strict legal separation that are required to promote open access and the efficient operation of the electric sector and shall supervise their compliance.
b)To the National Hydrocarbons Commission: the provision of technical advice to the Ministry in charge of Energy matters; the compilation of geological and operational information; the authorization of reconnaissance and surface exploration services; the carrying out of the biddings, the award of winners and the entering into of the contracts for the activities of exploration and extraction of solid, liquid or gaseous hydrocarbons; the administration in technical matters of assignments and contracts; the supervision of the extraction plans that maximize the productivity of the field over time, and the regulation in matters of exploration and extraction of hydrocarbons.
c)To the Energy Regulatory Commission (Comisión Reguladora de Energía): in matters of hydrocarbons, the regulation and the granting of permits for the storage, the transport and the distribution by pipelines of petroleum, gas, petroleum products and petrochemicals; the regulation of access of third parties to the transport pipelines and to the storage of hydrocarbons and their derivatives, and the regulation of the first-hand sales of said products. In matters of electricity, the regulation and the granting of permits for generation, as well as the wheeling tariffs for transmission and distribution.
d)To the Ministry in charge of Finance matters, among others, the establishment of the economic conditions of the biddings and of the contracts referred to in this Decree relative to the fiscal terms that allow the Nation to obtain over time revenues that contribute to its long-term development.
The law shall establish the acts or omissions that give rise to the imposition of sanctions, the procedure for this, as well as the attributions of each office or body to impose and execute them.
The foregoing, without prejudice to the other faculties that the laws grant to said authorities, in these matters.
The law shall define the mechanisms to guarantee the coordination between the regulatory bodies in matters of energy and the Federal Public Administration, so that, within the scope of their respective competences, they issue their acts and resolutions in accordance with the public policies of the Federal Executive.
Eleventh. Within the term provided in the fourth transitory provision of this Decree, the Congress of the Union shall make the adjustments to the legal framework in order to regulate the contracting modalities so that the private parties, on behalf of the Nation, carry out, among others, the financing, installation, maintenance, management, operation and expansion of the infrastructure necessary to provide the public service of transmission and distribution of electric energy, in terms of the provisions established in this Decree.
Twelfth. Within the same term provided in the fourth transitory provision of this Decree, the Congress of the Union shall make the adjustments to the legal framework so that the National Hydrocarbons Commission and the Energy Regulatory Commission become regulatory bodies coordinated in the matter, with their own legal personality, technical and management autonomy; likewise, they may have the revenues derived from the contributions and levies that the law establishes for their services in the issuance and administration of the permits, authorizations, assignments and contracts, as well as for the services related to the National Center of Hydrocarbons Information (Centro Nacional de Información de Hidrocarburos), that correspond to them in accordance with their attributions, to finance a total budget that allows them to comply with their attributions. For the foregoing, the laws shall provide, at least:
a)That if at the end of the budgetary year a remaining balance of surplus own revenues should exist, the respective commission shall instruct its transfer to a trust constituted for each one of them by the Ministry in charge of Energy matters, where a development banking institution shall operate as trustee.
b)That the respective commissions shall instruct the trustee the application of the resources of these trusts to the coverage of expenses necessary to comply with their functions in subsequent years, respecting the principles to which article 134 of this Constitution refers and being subject to the evaluation and the control of the auditing entities of the State.
c)In the case of the National Hydrocarbons Commission, priority shall be given to the development and maintenance of the National Center of Hydrocarbons Information, which shall contain at least the information of the seismic studies, as well as the rock cores, obtained from the works of exploration and extraction of hydrocarbons of the country.
The trusts may not accumulate resources greater than the equivalent of three times the annual budget of the Commission in question, taking as reference the budget approved for the last fiscal year. In case additional resources exist, these shall be transferred to the Treasury of the Federation.
The trusts referred to in this transitory provision shall be subject to the obligations in matters of transparency in accordance with the law of the matter. Likewise, each Commission shall publish on its electronic site, at least quarterly, the resources deposited in the respective trust, as well as the use and destination of said resources and other information that is of public interest.
The Chamber of Deputies shall carry out the actions necessary to provide budgetary resources to the commissions, in order that they may carry out their task. The approved Budget shall cover the chapters of personal services, materials and supplies, as well as of general services, necessary to comply with their functions.
Thirteenth. Within the term of one hundred twenty calendar days following the entry into force of this Decree, the Congress of the Union shall make the adjustments to the legal framework, in order to establish that the commissioners of the National Hydrocarbons Commission and of the Energy Regulatory Commission may only be removed from their position for the serious causes that are established for such purpose; that they may be designated, again, on a single occasion to cover a second period, and that their renewal shall be carried out in a staggered manner, in order to ensure the due exercise of their attributions.
The current commissioners shall conclude the periods for which they were appointed, subjecting themselves to the provisions of the preceding paragraph. To appoint the commissioners of the National Hydrocarbons Commission and of the Energy Regulatory Commission, the President of the Republic shall submit a list of three candidates to the consideration of the Senate, which, after the appearance of the proposed persons, shall designate the commissioner who shall cover the vacancy. The designation shall be made by the vote of two thirds of the members of the Senate present, within the non-extendable term of thirty days. If the Senate does not resolve within said term, the person who, within said list, is designated by the President of the Republic shall occupy the position of commissioner.
In case the Senate rejects the totality of the proposed list, the President of the Republic shall submit a new one, in the terms of the preceding paragraph. If this second list is rejected, the person who within said list is designated by the President of the Republic shall occupy the position.
Two new commissioners shall be appointed for each Commission, in a staggered manner, in the terms of the two preceding paragraphs.
Fourteenth. The Mexican Petroleum Fund for Stabilization and Development (Fondo Mexicano del Petróleo para la Estabilización y el Desarrollo) shall be a public trust in which the Bank of Mexico (Banco de México) shall serve as trustee. The Ministry in charge of Finance matters shall carry out the actions for the constitution and operation of the referred public trust, once the norms to which the fourth transitory provision of this Decree refers are issued.
The Mexican Petroleum Fund for Stabilization and Development shall be in charge of receiving all the revenues, with the exception of the taxes, that correspond to the Mexican State derived from the assignments and contracts referred to in the seventh paragraph of article 27 of this Constitution. The revenues shall be administered and distributed in accordance with the following order of priority and as established in the law in order to:
1.Make the payments established in said assignments and contracts.
2.Make the transfers to the Funds for the Stabilization of the Petroleum Revenues and for the Stabilization of the Revenues of the States (federal entities). Once the Fund for the Stabilization of the Petroleum Revenues, or its equivalent, has reached its maximum limit, the resources assigned to the Fund shall be destined to the long-term savings mentioned in numeral 5. Within the one hundred twenty calendar days following the entry into force of this Decree, the Congress of the Union shall make the adjustments that are necessary to the legal framework in matters of the maximum limit of the Fund for the Stabilization of the Petroleum Revenues and of the Right over Hydrocarbons for the Stabilization Fund.
3.Make the transfers to the Hydrocarbon Extraction Fund; to the funds of research in matters of hydrocarbons and energy sustainability, and in matters of petroleum auditing.
4.Transfer to the Treasury of the Federation the resources necessary so that the petroleum revenues of the Federal Government that are destined to cover the Budget of Expenditures of the Federation of each year are maintained at four point seven percent of the Gross Domestic Product, which corresponds to the ratio equivalent to that observed for the petroleum revenues of the year 2013. For the foregoing, the following items are considered: Ordinary right over hydrocarbons, Right over hydrocarbons for the Stabilization Fund, Extraordinary right over export of crude petroleum, Right for scientific and technological research in matters of energy, Right for petroleum auditing, Right over extraction of hydrocarbons, Right to regulate and supervise the exploration and exploitation of hydrocarbons, Special right over hydrocarbons and Additional right over hydrocarbons. For purposes of the compliance with the amount established in this numeral, the resources transferred in accordance with numerals 2 and 3 shall be considered included.
5.Destine resources to long-term savings, including investment in financial assets.
Only when the balance of the investments in long-term public savings is equal to or greater than three percent of the Gross Domestic Product of the year prior to the one in question, the Technical Committee of the Fund may destine resources of the accumulated balance of the Fund for the following:
a)Up to an amount equivalent to ten percent of the increase observed the previous year in the balance of long-term savings, to the Fund for the universal pension system in accordance with what its law provides;
b)Up to an amount equivalent to ten percent of the increase observed the previous year in the balance of long-term savings, to finance investment projects in science, technology and innovation, and in renewable energies;
c)Up to an amount equivalent to thirty percent of the increase observed the previous year in the balance of long-term savings, in funding an investment vehicle specialized in petroleum projects, sectorized in the Ministry in charge of Energy matters and, as the case may be, in investments in infrastructure for national development, and
d)Up to an amount equivalent to ten percent of the increase observed the previous year in the balance of long-term savings; in scholarships for the formation of human capital in universities and postgraduate studies; in projects of improvement to connectivity; as well as for the regional development of the industry. With the exception of the scholarship program, resources may not be used for current expenditure.
The assignment of resources that corresponds to subparagraphs a), b), c) and d) above shall not have as a consequence that the balance destined to long-term savings is reduced below three percent of the Gross Domestic Product of the previous year. Subject to the foregoing and with the approval of two thirds of the members present, the Chamber of Deputies may modify the limits and the possible destinations mentioned in subparagraphs a), b), c) and d) of this numeral. Once the accumulated balance of the long-term public savings is equivalent to or greater than ten percent of the Gross Domestic Product of the year prior to the one in question, the annual real financial returns associated with the resources of the Mexican Petroleum Fund for Stabilization and Development destined to long-term savings shall be transferred to the Treasury of the Federation. The resources transferred to these destinations shall be additional to the transfers that are made in accordance with numeral 4 of this transitory provision.
In case of a significant reduction in the public revenues, associated with a fall in the Gross Domestic Product, with a pronounced decrease in the price of petroleum or with a fall in the petroleum production platform, and once the resources in the Fund for the Stabilization of the Petroleum Revenues or its equivalent have been exhausted, the Chamber of Deputies may approve, by vote of two thirds of its members present, the integration of resources of long-term public savings to the Budget of Expenditures of the Federation, even when the long-term savings balance were reduced below three percent of the Gross Domestic Product of the previous year. The integration of these resources to the Budget of Expenditures of the Federation shall be considered included in the transfer in accordance with numeral 4 of this transitory provision.
The Mexican Petroleum Fund for Stabilization and Development shall be subject to the obligations in matters of transparency in accordance with the law. Likewise, it shall publish by electronic means and at least quarterly, the information that allows following up the financial results of the assignments and the contracts referred to in the seventh paragraph of article 27 of this Constitution, as well as the destination of the revenues of the Mexican State in accordance with the preceding paragraphs.
The Mexican Petroleum Fund for Stabilization and Development shall be constituted during 2014 and shall begin its operations in 2015.
Fifteenth. The Mexican Petroleum Fund for Stabilization and Development shall have a Technical Committee integrated by three members representing the State and four independent members. The members representing the State shall be the heads of the Ministries in charge of Finance and Energy matters, as well as the Governor of the Bank of Mexico. The independent members shall be appointed by the head of the Federal Executive, with approval of two thirds of the members present of the Senate of the Republic. The head of the Ministry in charge of Finance matters shall serve as President of the Technical Committee.
The Technical Committee of the Mexican Petroleum Fund for Stabilization and Development shall have, among others, the following attributions:
a)Determine the investment policy for the resources of long-term savings in accordance with the provisions established in numeral 5 of the preceding transitory provision.
b)Instruct the trustee institution so that it makes the transfers to the Treasury of the Federation in accordance with the provisions established in the preceding transitory provision.
c)Recommend to the Chamber of Deputies, no later than the twenty-eighth of February of each year, the assignment of the amounts corresponding to the general items established in subparagraphs a), b), c) and d) of the preceding transitory provision. The Chamber of Deputies shall approve, with the modifications that it deems convenient, the aforementioned assignment. In this process, the Chamber of Deputies may not assign resources to specific projects or programs. In case the Chamber of Deputies does not rule on the recommendation of the Technical Committee no later than the thirtieth of April of the same year, it shall be considered approved. Based on the assignment approved by the Chamber of Deputies, the Federal Executive shall determine the specific projects and programs to which the resources shall be assigned in each item, for their inclusion in the Draft Budget of Expenditures of the Federation of the year in question. In the process of approval of said Draft, the Chamber of Deputies may reassign the resources destined to the specific projects within each item, respecting the distribution of resources in general items that have already been approved.
The foregoing without prejudice to other resources that are established in the Budget of Expenditures of the Federation for investment projects and programs.
Sixteenth. Within the terms that are indicated below, the Federal Executive shall provide the following decrees:
a)No later than within the twelve months following the entry into force of the Regulatory Law of article 27 of the Constitution in the Petroleum Branch, it shall issue the Decree of creation of the decentralized public body named National Center of Natural Gas Control (Centro Nacional de Control del Gas Natural), in charge of the operation of the national system of transport and storage pipelines. In said Decree the organization, operation and faculties of the referred Center shall be established.
The Decree shall provide what is necessary so that Mexican Petroleum and its subsidiary bodies or divisions transfer the resources necessary so that the National Center of Natural Gas Control acquires and administers the infrastructure for the transport by pipeline and storage of natural gas that they have in property to give the service to the corresponding users.
The Decree shall also provide that Mexican Petroleum and its subsidiary bodies transfer immediately to the National Center of Natural Gas Control the contracts that they have entered into, in order that the Center is the one that administers them.
The National Center of Natural Gas Control shall give Mexican Petroleum the necessary support, for up to twelve months following its creation, so that it continues operating the infrastructure for the transport by pipeline and storage of natural gas that provides it service under conditions of continuity, efficiency and safety.
b)No later than within the twelve months following the entry into force of the regulatory law of the electric industry, it shall issue the Decree by which the National Center of Energy Control (Centro Nacional de Control de Energía) is created as a decentralized public body, in charge of the operational control of the national electric system; of operating the wholesale electric market; of the open and not unduly discriminatory access to the national transmission network and the general distribution networks, and the other faculties that are determined in the law and in its Decree of creation. In said Decree the organization, operation and faculties of the referred Center shall be established.
The Decree shall provide what is conducive so that the Federal Electricity Commission transfers the resources that the National Center of Energy Control requires for the compliance with its faculties.
The National Center of Energy Control shall give the Federal Electricity Commission the necessary support, for up to twelve months following its creation, so that it continues operating its networks of the public service of transmission and distribution under conditions of continuity, efficiency and safety.
Seventeenth. Within the three hundred sixty-five calendar days following the entry into force of this Decree, the Congress of the Union shall make the adjustments to the legal framework, in order to establish the bases on which the State shall procure the protection and care of the environment, in all the processes related to the matter of this Decree in which productive enterprises of the State, the private parties or both intervene, through the incorporation of criteria and best practices in the topics of efficiency in the use of energy, decrease in the generation of greenhouse gases and compounds, efficiency in the use of natural resources, low generation of wastes and emissions, as well as the lowest carbon footprint in all its processes.
In matters of electricity, the law shall establish for the participants of the electric industry obligations of clean energies and reduction of polluting emissions.
Eighteenth. The Federal Executive, through the Ministry in charge of Energy matters and within a term no greater than three hundred sixty-five calendar days counted from the entry into force of this Decree, shall include in the National Program for the Sustainable Use of Energy, a transition strategy to promote the use of cleaner technologies and fuels.
Within the term provided in the fourth transitory provision of this Decree, the Congress of the Union shall issue a law that has as its object to regulate the recognition, the exploration and the exploitation of geothermal resources for the use of the energy of the subsoil within the limits of the national territory, with the purpose of generating electric energy or destining it to diverse uses.
Nineteenth. Within the term provided in the fourth transitory provision of this Decree, the Congress of the Union shall make the adjustments to the legal framework to create the National Agency of Industrial Safety and Environmental Protection of the Hydrocarbons Sector (Agencia Nacional de Seguridad Industrial y de Protección al Medio Ambiente del Sector Hidrocarburos), as an administrative body deconcentrated from the Ministry in charge of Environment matters, with technical and management autonomy, that has the revenues derived from the contributions and levies that the law establishes for its services to finance a total budget that allows it to comply with its attributions.
The Agency shall have within its attributions to regulate and supervise, in matters of industrial and operational safety and protection of the environment, the installations and activities of the hydrocarbons sector, including the activities of dismantling and abandonment of installations, as well as the integral control of wastes. In the organization, operation and faculties of the Agency, there shall be provided at least:
a)That if at the end of the budgetary year a remaining balance of surplus own revenues should exist, the Agency shall instruct its transfer to a trust constituted by the Ministry in charge of Environment matters, where a development banking institution shall operate as trustee.
b)That the Agency shall instruct the trustee the application of the resources of this trust to the coverage of expenses necessary to comply with its functions in subsequent years, respecting the principles to which article 134 of this Constitution refers and being subject to the evaluation and the control of the auditing entities of the State.
The trust may not accumulate resources greater than the equivalent of three times the annual budget of the Agency, taking as reference the budget approved for the last fiscal year. In case additional resources exist, these shall be transferred to the Treasury of the Federation.
The trust referred to in this transitory provision shall be subject to the obligations in matters of transparency derived from the law. Likewise, the Agency shall publish on its electronic site, at least quarterly, the resources deposited in the trust, as well as the use and destination of said resources.
The Chamber of Deputies shall carry out the actions necessary to provide budgetary resources to the Agency, in order that it may carry out its task. The approved budget shall cover the chapters of personal services, materials and supplies, as well as of general services, necessary to comply with its functions.
Twentieth. Within the term provided in the fourth transitory provision of this Decree, the Congress of the Union shall make the adjustments to the legal framework to regulate the productive enterprises of the State, and shall establish at least that:
I.Their object is the creation of economic value and to increase the revenues of the Nation, with a sense of equity and social and environmental responsibility.
II.They have budgetary autonomy and are subject only to the financial balance and to the ceiling of personal services that, at the proposal of the Ministry in charge of Finance matters, the Congress of the Union approves. Their regime of remunerations shall be different from that provided in article 127 of this Constitution.
III.Their organization, administration and corporate structure are in accordance with the best practices at the international level, ensuring their technical and management autonomy, as well as a special regime of contracting for the obtaining of the best results of their activities, in a way that their governing bodies have the faculties necessary to determine their institutional arrangement.
IV.Their governing bodies conform to what the law provides and their directors are appointed and removed freely by the Head of the Federal Executive or, as the case may be, removed by the Board of Directors. In the case of productive enterprises of the State that carry out the activities of exploration and extraction of petroleum and other solid, liquid or gaseous hydrocarbons in terms of the provisions of the seventh paragraph of article 27 of this Constitution, the law shall establish, among other provisions, that their Board of Directors is composed in the following manner: five directors of the Federal Government, including the Secretary of the Branch in matters of Energy who shall preside over it and shall have a casting vote, and five independent directors.
V.They coordinate with the Federal Executive, through the competent office, with the object that their financing operations do not lead to an increase in the cost of financing of the rest of the public sector or, contribute to reducing the sources of financing of the same.
VI.They have, in terms of the provisions established in the corresponding laws, a special regime in matters of acquisitions, leases, services and public works, budgetary, public debt, administrative responsibilities and others that are required for the effective realization of their object, in a way that allows them to compete with efficacy in the industry or activity in question.
Once the decentralized bodies named Mexican Petroleum and its subsidiary bodies, and Federal Electricity Commission, become productive enterprises of the State in accordance with the laws that are issued for such purpose in terms of the third transitory provision of this Decree, the provisions relative to the autonomy contained in the preceding sections shall not be applicable to them, but only until, in accordance with the new legal provisions, their boards of directors are in function and the mechanisms of auditing, transparency and accountability are in operation.
The professional directors of Mexican Petroleum in function at the entry into force of this Decree shall remain in their positions until the conclusion of the periods for which they were appointed, or until said body becomes a productive enterprise of the State and the new Board of Directors is appointed. The referred directors may be considered to form part of the new Board of Directors of the productive enterprise of the State, in accordance with the procedure that the law establishes.
Twenty-first. Within the term provided in the fourth transitory provision of this Decree, the Congress of the Union shall make the adjustments to the legal framework, in order to establish the sufficient legal mechanisms to prevent, investigate, identify and severely sanction the assignees, contractors, permit holders, public officials, as well as every natural or legal person, public or private, national or foreign, that participates in the energy sector, when they carry out acts or omissions contrary to the law, among others, those that have as their object or direct or indirect consequence to influence the decision-making of a public official, of the personnel or of the directors of the productive enterprises of the State to obtain a direct or indirect personal economic benefit.
DECREE adding a section XXIX-R to Article 73 of the Political Constitution of the United Mexican States.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union shall issue the corresponding general law within a period no greater than 180 days from the entry into force of this Decree. For that purpose, it shall previously request the opinion of the states (federal entities).
Third.- The Legislatures of the states (federal entities) shall adjust the corresponding legislation to the provisions of this Decree and to the general law approved by the Congress of the Union within a period no greater than 60 days from the entry into force of said general law.
DECREE amending subparagraph e) and adding a subparagraph o) of section IV of Article 116; and amending Article 122, Subsection C, First Base, section V, subparagraph f) of the Political Constitution of the United Mexican States.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending and adding various provisions of the Political Constitution of the United Mexican States, on matters of transparency.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND. The Congress of the Union shall issue the General Law of Article 6o. of this Constitution, as well as the amendments corresponding to the Federal Law of Transparency and Access to Public Governmental Information (Ley Federal de Transparencia y Acceso a la Información Pública Gubernamental), to the Federal Law of Personal Data Held by Private Parties (Ley Federal de Datos Personales en Posesión de los Particulares), to the Federal Code of Electoral Institutions and Procedures (Código Federal de Instituciones y Procedimientos Electorales), to the General Law of the System of Means of Challenge in Electoral Matters (Ley General del Sistema de Medios de Impugnación en Materia Electoral) and the other instruments necessary, within a period of one year counted from the date of publication of this Decree.
THIRD. The Commissioners who currently make up the Federal Institute of Access to Information and Protection of Data (Instituto Federal de Acceso a la Información y Protección de Datos) may form part of the new autonomous body in the federal sphere, upon formal petition to the Senate within the ten days following the entry into force of this Decree, only for the time remaining in the appointment of which they were the object in the Institute that is extinguished, as long as their petition is approved by the vote of two thirds of the Senators present. In this case, the Senate shall resolve within a period of ten days, otherwise the denial of their petition shall be understood.
As long as the guaranteeing body established by Article 6o. of this Constitution is integrated, the commissioners of the current Federal Institute of Access to Information and Protection of Data shall continue in their functions, in accordance with the legal order in force upon the entry into force of this Decree.
The designation of the commissioners of the guaranteeing body created by the modification of Article 6o. of this Constitution that is the subject of this Decree shall be made no later than 90 days after its entry into force, in accordance with the following:
I.In the event that all of the commissioners of the Federal Institute of Access to Information and Protection of Data request their continuity in office and obtain the respective approval in the terms of the first paragraph of this transitory provision, they shall form part of the guaranteeing body of the right of access to information created by this Decree, until the date of termination of the period for which they were originally designated, in accordance with the provisions of the following transitory article.
II.In the event that only some of the commissioners of the Federal Institute of Access to Information and Protection of Data request to continue in office and obtain the approval referred to in the first paragraph of this provision, they shall continue in the exercise of office in the new body until the end of the designation originally conferred on them to form part of the Institute that is extinguished; likewise, the commissioners referred to in subparagraphs a) and b) of the following transitory article shall be designated, who shall exercise office during the periods indicated in the respective subparagraphs.
In this hypothesis, the commissioners who form part of the new body by virtue that the commissioners of the said Institute do not request or do not obtain the approval to continue in that function, shall have the following periods of service:
a)If the mandate of the commissioner whose assignment concludes on 9 January 2014 has expired, the appointment shall conclude on 31 March 2018;
b)If the appointment is by reason of the non-continuation of the commissioner who would have concluded the assignment on 13 April 2019, the same shall be made until that date.
c)If the appointment is by reason of the non-continuation of the commissioner who would have concluded the assignment on 17 June 2016, the same shall be made until that date.
d)If the appointment or appointments are by reason of the non-continuation of one or both of the commissioners who would have concluded the assignment on 11 September 2016, the same shall be made until that date.
III.In the event that none of the current commissioners of the Federal Institute of Access to Information and Protection of Data requests of the Senate or receives the approval to form part of the guaranteeing body of the right of access to information created by means of this Decree, and to ensure the staggered renewal by reason of the appointments that shall be made, the Senate shall specify the period of exercise for each commissioner, taking into consideration the following:
a)It shall appoint two commissioners, whose mandates shall conclude on 31 March 2018.
b)It shall appoint two commissioners, whose mandates shall conclude on 31 March 2020.
c)It shall appoint two commissioners, whose mandates shall conclude on 31 March 2022, and
d)It shall appoint a commissioner, whose mandate shall conclude on 31 March 2023.
FOURTH. The designation of the two new commissioners of the guaranteeing body established by Article 6o. of this Constitution shall be made no later than 90 days after the entry into force of this Decree.
To ensure the staggered renewal of the commissioners in the first appointments, the Senate shall specify the period of exercise for each commissioner taking into consideration the following:
a)It shall appoint a commissioner, whose mandate shall conclude on 1 November 2017.
b)It shall appoint a new commissioner, whose mandate shall conclude on 31 March 2020.
c)Whoever substitutes the commissioner who leaves his assignment on 9 January 2014, shall conclude his mandate on 31 March 2018.
d)Whoever substitutes the commissioner who leaves his assignment on 13 April 2019, shall conclude his mandate on 31 March 2026.
e)Whoever substitutes the commissioner who leaves his assignment on 17 June 2016, shall conclude his mandate on 1 November 2021.
f)Whoever substitutes the commissioners who leave their assignment on 11 September 2016, one shall conclude his mandate on 1 November 2022 and the other shall conclude his mandate on 1 November 2023.
FIFTH. The Legislatures of the States and the Legislative Assembly of the Federal District (Asamblea Legislativa del Distrito Federal) shall have a period of one year, counted from its entry into force, to harmonize their regulations in accordance with the provisions of this Decree.
SIXTH. The guaranteeing body established by Article 6o. of this Constitution may exercise the powers of review and of attraction referred to in this Decree, subsequent to the entry into force of the amendments to the secondary law issued for that purpose by the Honorable Congress of the Union.
SEVENTH. As long as the instance responsible for attending to the matters of protection of personal data held by private parties is determined, the guaranteeing body established by Article 6o. of this Constitution shall exercise the corresponding attributions.
EIGHTH. As long as the Congress of the Union issues the amendments to the respective laws in matters of transparency, the guaranteeing body established by Article 6o. of this Constitution shall exercise its attributions and competences in accordance with the provisions of this Decree and the Federal Law of Transparency and Access to Public Governmental Information in force.
NINTH. The matters that are in process or pending resolution upon the entry into force of this Decree shall be substantiated before the guaranteeing body established by Article 6o. of this Constitution, created in the terms of this Decree.
TENTH. The financial and material resources, as well as the employees assigned to the Federal Institute of Access to Public Information and Protection of Personal Data (Instituto Federal de Acceso a la Información Pública y Protección de Datos Personales), shall be transferred to the autonomous public body created. The employees who become part of the new body shall continue to be governed by subsection B of Article 123 of this Constitution and shall in no way be affected in their labor and social security rights.
DECREE amending, adding and derogating various provisions of the Political Constitution of the United Mexican States, on political-electoral matters.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), without prejudice to the provisions of the following transitory provisions.
SECOND.- The Congress of the Union shall issue the rules provided for in subparagraph a) of section XXI, and in section XXIX-U of Article 73 of this Constitution, no later than 30 April 2014. Such rules shall establish, at least, the following:
I.The general law that regulates national and local political parties:
a)The rules, terms and requirements for their legal registration and their participation in federal and local electoral processes;
b)The rights and obligations of their members and the guarantee of access to the impartial bodies of intraparty justice;
c)The basic guidelines for the integration of their directive bodies; the nomination of their candidates and, in general, the conduct of their activities in a democratic manner; as well as transparency in the use of resources;
d)The minimum contents of their basic documents;
e)The procedures and sanctions applicable to the breach of their obligations;
f)The system of electoral participation of political parties through the figure of coalitions, in accordance with the following:
1.A uniform system of coalitions shall be established for federal and local electoral processes;
2.Their registration may be requested until the date on which the pre-campaign stage begins;
3.The law shall distinguish between total, partial and flexible coalitions. A total coalition shall be understood as the one established by political parties to nominate all of the candidates in the same federal or local electoral process, under the same electoral platform. A partial coalition shall be understood as the one established by political parties to nominate at least fifty percent of the candidacies in the same federal or local electoral process, under the same platform. A flexible coalition shall be understood as the one established by political parties to nominate at least twenty-five percent of the candidacies in the same federal or local electoral process, under the same electoral platform;
4.The rules according to which their emblems shall appear on the ballot papers and the modalities of the scrutiny and computation of the votes;
5.In the first electoral process in which a political party participates, it may not form coalitions, and
g)A system of auditing over the origin and destination of the resources available to political parties, coalitions and candidates, which shall contain:
1.The powers and procedures so that the auditing of the income and expenditures of political parties, coalitions and candidates is carried out in an expeditious and timely manner during the electoral campaign;
2.The homogeneous accounting guidelines, which shall be public and accessible by electronic means;
3.The mechanisms by which political parties, coalitions and independent candidacies shall notify the auditing body of the National Electoral Institute of the information on the contracts they enter into during the campaigns or electoral processes, including financial information and information relating to the expenditure and conditions of execution of the instruments entered into. Such notifications shall be made prior to the delivery of the goods or the provision of the services in question;
4.The powers of the National Electoral Institute to verify the content of the prior contracting notices referred to in the preceding numeral;
5.The guidelines to ensure the maximum publicity of the registries and accounting movements, prior contracting notices and validation requirements of contracts issued by the electoral authority;
6.The power of political parties to opt to make all payments relating to their activities and electoral campaigns through the National Electoral Institute, under the terms established by the Institute itself through general provisions;
7.The power of political parties to opt to make all payments relating to the contracting of outdoor advertising through the National Electoral Institute, and
8.The sanctions that must be imposed for the breach of their obligations.
II.The general law that regulates electoral procedures:
a)The holding of federal and local elections on the first Sunday of June of the corresponding year, under the terms of this Constitution, as of 2015, except those that take place in 2018, which shall be held on the first Sunday of July;
b)The mechanisms of coordination between the bodies of the Federal Executive in matters of financial intelligence and the National Electoral Institute, which allow reporting to the latter the cash disbursements made by any body or agency of the Federation, of the states (federal entities) and of the municipalities during any electoral process, when such operations are considered relevant or unusual in accordance with the applicable provisions;
c)The rules applicable to make transparent the financing, the methodology and the results of the polls that are disseminated, relating to electoral preferences, as well as the deadline dates for carrying out their dissemination;
d)The terms under which debates of a mandatory nature between candidates, organized by the electoral authorities, shall be held; and the rules applicable to the exercise of the freedom of the media to organize and disseminate debates between candidates for any position of popular election. The refusal of any of the candidates to participate shall in no case be grounds for the cancellation or prohibition of the respective debate. The holding or dissemination of debates on radio and television, absent proof to the contrary, shall not be considered as illegal contracting of airtime or as covert propaganda;
e)The modalities and terms for the delivery of electoral propaganda materials for purposes of their dissemination in radio and television airtime;
f)The sanctions applicable to the filing of frivolous complaints. For such purposes, a frivolous complaint shall be understood as one filed with respect to facts that are not supported by any means of proof or that cannot satisfy the specific legal assumption on which the complaint or report is based;
g)The regulation of electoral propaganda, which must establish that utilitarian promotional items may only be made with textile material;
h)The rules to guarantee gender parity in candidacies for federal and local legislators, and
i)The rules, terms, instances and procedural stages to sanction violations in electoral procedures.
III.The general law on electoral crimes shall establish the criminal offenses, their sanctions, the distribution of powers and the forms of coordination between the Federation and the states (federal entities).
THIRD.- The Congress of the Union shall issue, during the second period of ordinary sessions of the second year of exercise of the LXII Legislature, the law that regulates the eighth paragraph of Article 134 of this Constitution, which shall establish the rules to which the public powers, the autonomous bodies, the agencies and entities of the public administration and any other entity of the three orders of government shall be subject, and which shall guarantee that spending on social communication complies with the criteria of efficiency, efficacy, economy, transparency and honesty, as well as that it respects the budgetary caps, limits and conditions of exercise established by the respective budgets of expenditures.
FOURTH.- The additions, amendments and repeals made to Articles 35; 41; 54; 55; 99; 105 section II subparagraph f); 110 and 111 as regards the name of the National Electoral Institute, and 116, section IV, of this Constitution, shall enter into force on the same date on which the rules referred to in the preceding SECOND transitory provision do, without prejudice to the provisions of the following FIFTH transitory provision.
The addition of the fourth paragraph to base I of Article 41 of this Constitution, relating to the percentage of voting necessary for political parties to retain their registration, shall enter into force on the day following the publication of this Decree.
The amendments referred to in the first paragraph of this transitory provision, with respect to states (federal entities) that have electoral processes in 2014, shall enter into force once such processes have concluded.
FIFTH.- The National Electoral Institute shall be integrated within the one hundred twenty calendar days following the entry into force of this Decree and shall begin to exercise its powers as of the entry into force of the rules provided for in the preceding SECOND transitory provision. In the event that, on the date of integration of the National Electoral Institute, the rules provided for in the preceding SECOND transitory provision have not entered into force, said Institute shall exercise the powers that the laws in force grant to the Federal Electoral Institute (Instituto Federal Electoral).
In order to ensure the staggering in the position of the members of the General Council of the National Electoral Institute, the evaluation committee referred to in subparagraph a) of the fifth paragraph of Subsection A of Base V of Article 41, which is amended by virtue of this Decree, shall submit to the Chamber of Deputies for its processing in separate processes, in accordance with the provisions of the aforementioned paragraph:
a)Three lists to cover the election of each of the three councillors who shall serve in their position for three years;
b)Four lists to cover the election of each of the four councillors who shall serve in their position for six years;
c)Three lists to cover the election of each of the three councillors who shall serve in their position for nine years, and
d)One list to cover the election of the President who shall serve in his position for nine years.
The councillors of the Federal Electoral Institute who are in office at the start of the selection procedure for the integration of the National Electoral Institute may participate in said process.
SIXTH.- Once integrated and as of the entry into force of the rules provided for in the preceding SECOND transitory provision, the National Electoral Institute shall issue the guidelines to guarantee the incorporation of all the public officials of the Federal Electoral Institute and of the local electoral bodies into the National Professional Electoral Service, as well as the other rules for their total integration.
SEVENTH.- The human, budgetary, financial and material resources of the Federal Electoral Institute shall become part of the National Electoral Institute once it is integrated under the terms of the preceding FIFTH transitory provision; without prejudice to labor rights.
EIGHTH.- Once the National Electoral Institute (Instituto Nacional Electoral) is integrated and as of the entry into force of the rules provided in the Second Transitory Provision above, the functions corresponding to electoral training, as well as the location of the polling stations and the designation of officials of the directing board, in the local electoral processes, shall be understood as delegated to the local public bodies.
In this case, the National Electoral Institute may reassume said functions, by majority of the General Council.
The subsequent delegation and reassumption of these attributions shall be subject to the provisions of Base V, Subsection C of article 41 of this Constitution.
NINTH.- The General Council of the National Electoral Institute shall designate the new councillors of the local bodies in electoral matters, in terms of the provisions of subparagraph c) of section IV of article 116 of this Constitution. The current councillors shall continue in their office until the designations referred to in this Transitory Provision are made. The General Council shall carry out the procedures so that the appointment of the electoral councillors is verified prior to the following electoral process subsequent to the entry into force of this Decree.
TENTH.- The Magistrates of the local jurisdictional bodies in electoral matters, who are in office at the entry into force of the rules provided in the Second Transitory Provision, shall continue in their office until the new appointments are made, in the terms provided by section IV, subparagraph c), of article 116 of this Constitution. The Senate of the Republic shall carry out the procedures so that the appointment of the electoral magistrates is verified prior to the start of the following local electoral process subsequent to the entry into force of this Decree.
The magistrates referred to in the preceding paragraph shall be eligible for a new appointment.
ELEVENTH.- The amendment to article 59 of this Constitution shall be applicable to the deputies and senators who are elected as of the 2018 electoral process.
TWELFTH.- The additions, amendments and repeals that are made to articles 69, third paragraph; 74, sections III and VII; 76, sections II and XI; 89, section II, second and third paragraphs, and section XVII, shall enter into force on 1 December 2018.
THIRTEENTH.- The amendment to article 116 of this Constitution in matters of reelection of local deputies, as well as of deputies to the Legislative Assembly of the Federal District, shall not be applicable to the legislators who have taken the oath of office in the legislature that is in office at the entry into force of this Decree.
FOURTEENTH.- The amendment to article 115 of this Constitution in matters of reelection of municipal presidents, aldermen and trustees shall not be applicable to the members who have taken the oath of office in the Municipal Council that is in office at the entry into force of this Decree.
FIFTEENTH.- The amendments to articles 65; 74, section IV and 83 of this Constitution shall enter into force on 1 December 2018, so that the presidential period comprised between the years 2018 and 2024 shall begin on 1 December 2018 and shall conclude on 30 September 2024.
SIXTEENTH.- The additions, amendments and repeals that are made to articles 28; 29, first paragraph; 69, second paragraph; 76, sections II, as regards the suppression of the ratification of the General Prosecutor of the Republic by the Senate and XII; 78, section V; 82, section VI; 84; 89, section IX; 90; 93, second paragraph; 95; 102, Subsection A; 105, sections II, subparagraphs c) and i) and III; 107; 110 and 111 as regards the Attorney General of the Republic; 116, section IX and 119, first paragraph of this Constitution, shall enter into force on the same date on which the secondary rules issued by the Congress of the Union necessary by virtue of the additions, amendments and repeals to which this Transitory Provision refers enter into force, provided that the express declaration of entry into force of the constitutional autonomy of the Office of the Attorney General of the Republic is made by the Congress itself.
Once the declaration to which the preceding paragraph refers is made, the Senate shall immediately begin the procedure provided in Subsection A of article 102 of this Constitution for the designation of the Attorney General of the Republic. If the Senate is not in session, the Permanent Commission (Comisión Permanente) shall immediately convene it to an extraordinary session.
Paragraph added DOF 27-08-2018
The General Prosecutor of the Republic who is in office at the moment the declaration to which the first paragraph of this article refers is issued shall continue in his office until the Senate designates the Attorney General of the Republic.
Paragraph amended DOF 27-08-2018
SEVENTEENTH.- Once the provisions of this Decree referred to in the preceding Transitory Provision enter into force, the following shall be carried out:
I.- The matters in which the General Prosecutor's Office of the Republic (Procuraduría General de la República) exercises the representation of the Federation, as well as those in which it has exercised actions of unconstitutionality in cases other than those provided in subparagraph i) of section II, of article 105 of this Constitution that is added by virtue of this Decree, which are in process at the entry into force of the provisions to which the preceding Transitory Provision refers, shall be remitted within the following twenty business days to the agency of the Federal Executive that performs the function of Legal Counsel of the Government.
The procedures indicated in the preceding paragraph shall be suspended for a term of sixty business days, counted from the entry into force of the provisions to which the preceding Transitory Provision refers; in each case, the suspension shall be decreed ex officio by the jurisdictional bodies before which said procedures are conducted, and
II.- The human, financial and material resources that the General Prosecutor's Office of the Republic assigns to the attention and conduct of the procedures to which the preceding section refers shall be transferred to the agency that performs the functions of Legal Counsel of the Government. The heads of both bodies shall make the necessary provisions so that said resources are transferred the same day on which the provisions indicated in the preceding Transitory Provision enter into force.
EIGHTEENTH.- As of the entry into force of this Decree the Senate shall appoint, by two thirds of its members present, the head of the Specialized Prosecutor's Office for Electoral Crimes of the General Prosecutor's Office of the Republic (Fiscalía Especializada en Atención de Delitos Electorales de la Procuraduría General de la República). The Federal Executive may object to said appointment, in which case a new appointment shall be made in the terms of this paragraph.
Within the term of thirty days as of the entry into force of this Decree, the General Prosecutor of the Republic shall issue the resolution creating the specialized prosecutor's office in matters of crimes related to acts of corruption, whose head shall be appointed by the Senate in the terms of the preceding paragraph.
The heads of the prosecutor's offices appointed in terms of this Transitory Provision shall hold their office until the thirtieth of November of two thousand eighteen, without prejudice to their being freely removed by the General Prosecutor of the Republic or, as the case may be, by the Attorney General of the Republic. The removal may be objected to by the vote of the majority of the members present of the Senate within a term of ten business days, in which case the head of the prosecutor's office in question shall be restored in the exercise of his functions.
NINETEENTH.- As of the entry into force of the amendments to which the preceding Sixteenth Transitory Provision refers, the human, budgetary, financial and material resources of the General Prosecutor's Office of the Republic shall pass to the autonomous body that this Decree itself establishes.
TWENTIETH.- The amendment to article 26 of this Constitution shall enter into force on the day following the publication of this Decree.
The General Council of the National Council for the Evaluation of Social Development Policy (Consejo Nacional para la Evaluación de la Política de Desarrollo Social) shall be constituted within the sixty calendar days following the entry into force of this Decree. To that effect, two councillors shall be elected for a period of two years, two for a period of three years, two for a period of four years and one president councillor for a period of four years. In the event that the constitutional body referred to is not constituted within the referred term, and until it is constituted, the decentralized body called the National Council for the Evaluation of Social Development Policy shall continue in its functions.
With the exception of the Secretary of Social Development, the members of the Directing Committee of the decentralized body referred to in the preceding paragraph, who are in office at the entry into force of this Decree, may be considered to form part of the new autonomous body that is created.
The Congress of the Union shall issue the law that shall govern the autonomous body called the National Council for the Evaluation of Social Development Policy, within the one hundred twenty calendar days following the entry into force of this Decree.
As long as the Congress of the Union issues the Law to which the preceding paragraph refers, the National Council for the Evaluation of Social Development Policy that is created by virtue of this Decree, once installed, shall exercise its attributions and competences in accordance with the provisions of the same and of the Decree by which the National Council for the Evaluation of Social Development Policy is regulated, published in the Official Gazette of the Federation on 24 August 2005.
TWENTY-FIRST.- The Councillors of the Federal Electoral Institute (Instituto Federal Electoral) who at the entry into force of this Decree are in office shall continue in their office until the National Electoral Institute is constituted, in terms of the provisions of the Fifth Transitory Provision of this Decree; therefore the juridical acts validly issued by the Federal Electoral Institute in the terms of the legislation in force shall produce all their legal effects.
DECREE adding Article 4o. of the Political Constitution of the United Mexican States.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND. As of the entry into force of this Decree, the Legislatures of the States and the Legislative Assembly of the Federal District shall have six months to establish in their treasuries or financial codes the exemption from the collection of the fee for the registration of birth and the issuance of the first certified copy of the birth certificate.
THIRD. The Congress of the Union within a period no greater than six months from the entry into force of this Decree, and with the prior opinion of the states (federal entities) and the competent authority in matters of national population registry, shall carry out the adjustments to the law that determine the characteristics, design and content of the single format in matters of population registry, as well as for the issuance of every civil registry certificate that must be implemented through electronic mechanisms and adopted by the states (federal entities) of the country themselves and by the representations of Mexico abroad.
FOURTH. The Ministry of the Interior (Secretaría de Gobernación) through the National Population Registry (Registro Nacional de Población), shall remit to the National Electoral Institute the information gathered by the local registry authorities relating to the death certificates.
DECREE amending the third paragraph of Article 108 of the Political Constitution of the United Mexican States.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND. The provisions that contravene this Decree shall remain without effect.
DECREE amending section III of subsection A of Article 123 of the Political Constitution of the United Mexican States.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending subparagraph b) of the third paragraph of Base VI of Article 41 of the Political Constitution of the United Mexican States.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE amending section III, of Subsection A, of Article 2o. of the Political Constitution of the United Mexican States.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Legislatures of the states (federal entities) shall adjust their respective Constitutions, as well as the corresponding legislation, in accordance with the provisions of this Decree within a period no greater than 180 days from the entry into force of this Decree.
DECREE by which various provisions of the Political Constitution of the United Mexican States are amended and added to, in matters of financial discipline of the states (federal entities) and the municipalities.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. The regulatory Law in matters of treasury responsibility applicable to the states (federal entities) and the Municipalities that must be issued in terms of section XXIX-W of Article 73 of this Decree, as well as the amendments that are necessary to comply with the provisions of this Decree, must be published in the Official Gazette of the Federation within the 90 calendar days following the entry into force of this Decree.
Third. Within the period of 180 calendar days counted from the entry into force of the regulatory law referred to in the preceding article, the legislatures of the states (federal entities) shall carry out the necessary amendments to harmonize their legislation with this Decree and the cited law.
Fourth. The states (federal entities) and the Municipalities shall be subject to the provisions of this Decree and to those of the laws referred to in the Second Transitory Provision thereof, as of the date of its entry into force and shall respect the obligations that, prior to said date, have been acquired with third parties in the terms of the applicable provisions.
Fifth. The regulatory law shall establish the transitoriness in accordance with which the restrictions established in relation to the contracting of short-term obligations, referred to in Article 117, section VIII, last paragraph of this Decree, shall enter into force.
Sixth. The states (federal entities) and the Municipalities shall send to the Federal Executive and to the Congress of the Union a report on all the loans and payment obligations in force upon the entry into force of this Decree, within a maximum period of 60 calendar days, in accordance with the guidelines that the former issues.
Seventh. The regulatory law shall establish that in the registry referred to in subparagraph 3 of section VIII of Article 73 of this Decree, at least the following data of each loan or obligation shall be included: debtor, creditor, amount, interest rate, term, type of guarantee or source of payment, as well as those determined necessary for purposes of strengthening transparency and access to information.
As long as the referred registry is implemented, a report of the obligations and loans referred to in Article 9 of the Fiscal Coordination Law (Ley de Coordinación Fiscal) with which the registry currently counts shall be placed at the disposal of the competent legislative commissions of the Congress of the Union, no later than within a period of 30 calendar days; as well as that additional information that the competent legislative commissions request from the authorities related thereto. Likewise, at each quarterly close (March, June, September and December), the loans and obligations registered in each period must be reported, specifying, as the case may be, whether it was used to refinance or restructure existing credits. The foregoing, with the object that as long as the regulatory law enters into force and the registry is implemented, the Congress of the Union may give timely follow-up to the indebtedness of the States and Municipalities. For such purpose, the Superior Audit Office of the Federation (Auditoría Superior de la Federación) shall verify the destination and application of the resources in which resources of federal origin had been established as guarantee.
The legislatures of the States shall carry out and publish, by means of their auditing entities, an audit of the set of obligations of the public sector, with independence from the origin of the resources affected as guarantee, within a period no greater than 90 calendar days from the entry into force of this Decree.
The public officials and other personnel of the Congress of the Union who have access to the information referring to this Transitory Provision, shall be responsible for the handling of the same and shall answer for the damages and injuries that they may occasion by its divulgation.
Eighth. The regulatory law referred to in Article 73, section VIII, subparagraph 3 of this Decree, shall establish the modalities and conditions of public debt that must be contracted by means of public bidding, as well as the mechanisms that are determined necessary for purposes of ensuring market conditions or better than these and the strengthening of transparency in the cases in which it is not established as obligatory.
DECREE by which various provisions of the Political Constitution of the United Mexican States are amended, added to and repealed, in matters of combating corruption.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), without prejudice to the provisions of the following transitory provisions.
Second. The Congress of the Union, within a period of one year counted from the entry into force of this Decree, shall approve the general laws referred to in sections XXIV and XXIX-V of Article 73 of this Constitution, as well as the amendments to the legislation established in sections XXIV and XXIX-H of said Article. Likewise, it shall make the adjustments to the Organic Law of the Federal Public Administration (Ley Orgánica de la Administración Pública Federal), with the purpose that the Ministry responsible for the internal control of the Federal Executive assume the necessary powers for compliance with the provisions of this Decree and of the laws deriving from it.
Third. The law referred to in section XXIX-H of Article 73 of the Constitution shall establish that, observing the provisions of the Federal Law of Budget and Fiscal Responsibility (Ley Federal de Presupuesto y Responsabilidad Hacendaria), the Federal Court of Administrative Justice (Tribunal Federal de Justicia Administrativa):
a)Shall approve its budget project, subject to the general criteria of economic policy and the global spending ceilings established by the Federal Executive;
b)Shall directly exercise its budget approved by the Chamber of Deputies, without being subject to the provisions issued by the Ministries of Finance and Public Credit and of Public Function;
c)Shall authorize the budgetary adjustments without requiring the authorization of the Ministry of Finance and Public Credit, provided that it does not exceed its global ceiling approved by the Chamber of Deputies;
d)Shall determine the adjustments corresponding to its budget in the event of a decrease in revenues during the fiscal year, and
e)Shall make the payments, keep the accounting and prepare its reports, through its own treasury, in the terms of the applicable laws.
Fourth. The Congress of the Union, the Legislatures of the States and the Legislative Assembly of the Federal District shall, within the scope of their respective competences, issue the laws and make the corresponding regulatory adjustments, within the one hundred eighty days following the entry into force of the general laws referred to in the Second Transitory Provision of this Decree.
Fifth. The additions, amendments and repeals that by virtue of this Decree are made to Articles 79, 108, 109, 113, 114, 116, section V and 122, BASE FIFTH, shall enter into force on the same date on which the laws referred to in the Second Transitory Provision of this Decree enter into force.
Sixth. As long as the laws referred to in the Second Transitory Provision are issued and amended, the legislation in matters of administrative responsibilities of public officials, as well as of audit and control of public resources, in the federal sphere and that of the states (federal entities), that is in force at the date of entry into force of this Decree, shall continue to be applied.
Seventh. The anti-corruption systems of the states (federal entities) shall be formed in accordance with the General Laws that result applicable, the constitutions and local laws.
Eighth. The Magistrates of the Federal Court of Fiscal and Administrative Justice (Tribunal Federal de Justicia Fiscal y Administrativa) who have been appointed at the date of entry into force of the Law referred to in section XXIX-H of Article 73 of this Constitution, shall continue as Magistrates of the Federal Court of Administrative Justice for the time for which they were appointed.
The holders of the organs referred to in the additions and amendments established by this Decree in sections VIII of Article 74 and II of Article 76, who are in office at the entry into force thereof, shall continue in their charge in the terms in which they were appointed.
The Magistrates of the Administrative Contentious Courts, whatever their denomination within the sphere of the states (federal entities), shall continue as magistrates of the Administrative Justice Courts of each state (federal entity), exclusively for the time for which they have been appointed.
The Federal Court of Fiscal and Administrative Justice shall continue functioning with its current organization and powers and hearing the matters that are currently in process, until the entry into force of the Law referred to in section XXIX-H of Article 73 of this Decree.
Ninth. The human, material, financial and budgetary resources available to the Federal Court of Fiscal and Administrative Justice, including all its assets and the rights derived from the funds or trusts in force, shall become part of the Federal Court of Administrative Justice in the terms determined by the Law referred to in section XXIX-H of Article 73 of this Constitution.
Tenth. The permanent employees who are providing their services in the Federal Court of Fiscal and Administrative Justice, at the entry into force of the Law referred to in section XXIX-H of Article 73 of this Constitution, shall continue preserving their same status and labor rights that correspond to them before the Federal Court of Administrative Justice, in the terms that said law determines.
Eleventh. The regulatory law of the second paragraph of Article 113 of the Constitution, amended by virtue of this Decree, shall be understood as referring to the last paragraph of Article 109 of the Constitution, attending to the provisions of the Fifth Transitory Provision of this Decree.
DECREE by which the fourth and sixth paragraphs of Article 18 and subparagraph c) of section XXI of Article 73 of the Political Constitution of the United Mexican States are amended.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND. The Congress of the Union, within the 180 calendar days following the publication of this Decree in the Official Gazette of the Federation, shall issue the national legislation in matters of justice for adolescents, providing the transitory provisions necessary to differentiate the beginning of its validity, in function of the stage of the process of implementation of the Accusatory Criminal Procedure System in which they are found. By reason of the foregoing, the Federal Law of Justice for Adolescents, published in the Official Gazette of the Federation on 27 December 2012, is abrogated.
The Law for the Treatment of Minor Offenders for the Federal District in matters of Common immunity from prosecution and for the entire Republic in matters of Federal immunity from prosecution, as well as the legislation in force in matters of justice for adolescents issued by the Legislatures of the States and the Legislative Assembly of the Federal District, shall continue in force until the validity of the national legislation issued by the Congress of the Union in accordance with this Decree begins.
THIRD. The procedures of justice for adolescents and the execution of sanctioning measures, initiated prior to the entry into force of the national legislation established by this Decree, shall be concluded in accordance with the provisions in force at the moment of initiating said procedures and execution of sanctioning measures.
FOURTH. The Congress of the Union, the Legislatures of the States and the Legislative Assembly of the Federal District shall provide the necessary resources for the due implementation, functioning and development of the justice system for adolescents. The items for such purposes shall be indicated in the corresponding budgets of expenditures.
DECREE by which Article 73, section XXI, subparagraph a), of the Political Constitution of the United Mexican States is amended.
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND. The Congress of the Union shall issue the legislation in the matters that are added by virtue of this Decree to Article 73, section XXI, subparagraph a), within the 180 days following the entry into force thereof.
The legislation referred to in this Transitory Provision shall regulate the National System for the Search for Persons.
THIRD. The legislation in matters of enforced disappearance of persons, other forms of deprivation of liberty contrary to law, torture and other cruel, inhuman or degrading treatment or penalties of the states (federal entities) and of the Federation, shall continue in force until the general laws issued by the Congress of the Union referred to in the previous Transitory Provision enter into force. The criminal proceedings initiated on the basis of said legislation, as well as the judgments issued on the basis of the same, shall not be affected by the entry into force of said general laws. Therefore, they shall be concluded and executed, respectively, in accordance with the provisions in force before the entry into force of the latter.
DECREE by which various provisions of the Political Constitution of the United Mexican States are declared amended and added to, in matters of de-indexation of the minimum wage.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The initial daily value of the Unit of Measure and Update, at the date of entry into force of this Decree, shall be equivalent to that of the general minimum wage in force daily for the entire country, at the moment of the entry into force of this Decree and until said value is updated in accordance with the procedure provided in the fifth transitory article.
The initial monthly value of the Unit of Measure and Update at the date of entry into force of this Decree shall be the product of multiplying the initial value referred to in the previous paragraph by 30.4. For its part, the initial annual value shall be the product of multiplying the initial monthly value by 12.
Third.- At the date of entry into force of this Decree, all mentions of the minimum wage as a unit of account, index, base, measure or reference to determine the amount of the obligations and assumptions provided in the federal, state, Federal District laws, as well as in any legal provision emanating from all of the foregoing, shall be understood as referring to the Unit of Measure and Update.
Fourth.- Without prejudice to the provisions of the previous transitory article, the Congress of the Union, the Legislatures of the States, the Legislative Assembly of the Federal District, as well as the Federal, State, Federal District and Municipal Public Administrations shall make the adjustments that correspond in the laws and ordinances within their competence, as the case may be, within a maximum period of one year counted from the entry into force of this Decree, for the purpose of eliminating the references to the minimum wage as a unit of account, index, base, measure or reference and replacing them with those relating to the Unit of Measure and Update.
Fifth.- The Congress of the Union shall issue the regulatory legislation to determine the value of the Unit of Measure and Update, within a period that shall not exceed 120 calendar days following the date of publication of this Decree.
As long as this law is promulgated, the following method shall be used to update the value of the Unit of Measure and Update:
I.The daily value shall be determined by multiplying the daily value of the Unit of Measure and Update of the immediately previous year by the result of the sum of one plus the interannual variation of the National Consumer Price Index of the month of December of the immediately previous year.
II.The monthly value shall be the product of multiplying the daily value of the Unit of Measure and Update by 30.4.
III.The annual value shall be the product of multiplying the monthly value of the Unit of Measure and Update by 12.
Likewise, the law shall provide the periodicity, attending to the principle of annuality, with which the update of the Unit of Measure and Update shall be published in the Official Gazette of the Federation, as well as the adjustment mechanisms that may apply.
The initial value provided in the second transitory provision of this Decree shall be updated in accordance with the procedure that is established once the corresponding legal adjustments are made.
Sixth.- The credits in force at the entry into force of this Decree whose amounts are updated based on the minimum wage and that have been granted by the National Workers' Housing Fund Institute (INFONAVIT), the Housing Fund of the Institute of Social Security and Services for State Workers (Fondo de la Vivienda del Instituto de Seguridad y Servicios Sociales de los Trabajadores del Estado) or other institutions of the State dedicated to the granting of credit for housing, shall continue to be updated under the terms and conditions that have been stipulated.
Without prejudice to the provisions of the previous paragraph, in the event that the minimum wage increases above inflation, the referred institutions may not update the balance in national currency of this type of credits at a rate that exceeds the percentage growth of the Unit of Measure and Update during the same year.
The institutions referred to in the first paragraph may, from the entry into force of this Decree and up to 720 calendar days following the entry into force thereof, continue granting housing credits that are referenced or updated based on the minimum wage. In the event that the minimum wage increases above inflation, the cited institutions may not update the balance in national currency of this type of credits at a rate that exceeds the percentage growth of the Unit of Measure and Update during the same year.
The governing body of each institution may determine the most adequate mechanism to implement the provisions of this transitory article.
Seventh.- The contracts and agreements of any nature, in force at the date of entry into force of this Decree that use the minimum wage as a reference for any effect, shall not be modified by the Unit of Measure and Update, unless the parties expressly agree the contrary. The foregoing, without prejudice to the fact that, from the entry into force of this Decree, the contracting parties may use the Unit of Measure and Update as an index or reference.
Eighth.- In the credits, guarantees, coverages and other financial schemes granted or backed by the Fund for Bank Housing Operation and Financing (Fondo de Operación y Financiamiento Bancario a la Vivienda) or by the Federal Mortgage Society, S.N.C., Development Banking Institution (Sociedad Hipotecaria Federal, S.N.C., Institución de Banca de Desarrollo), in which, in order to procure the accessibility of housing credit, the minimum wage has been provided as a reference for the increase of the balance of the credit or its monthly payments, to the benefit of the borrowers, the cited entities shall carry out the acts and procedures necessary so that the maximum amount of that increase in the established period is not higher than the corresponding inflation. Likewise, the governing body of each entity may determine the most adequate mechanism to implement the provisions of this transitory article.
Ninth.- All the provisions that oppose the provisions established in this Decree are abrogated, except the legal provisions relating to the unit of account called Investment Unit or UDI.
DECREE by which various provisions of the Political Constitution of the United Mexican States are declared amended and repealed, regarding the political reform of Mexico City.
ARTICLE ONE.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), unless otherwise provided in accordance with the provisions of the following transitory articles.
ARTICLE TWO.- The rules of this Constitution and the legal provisions applicable to the Federal District that are in force at the entry into force of this Decree shall continue to be applied until those that replace them enter into force.
ARTICLE THREE.- The rules relating to the election of the local powers of Mexico City shall apply as of the electoral process for the constitutional election of the year 2018. The Legislative Assembly of the Federal District is empowered so that, once the Political Constitution of Mexico City is published, it issues the laws inherent to the organization, functioning and powers of the Legislative, Executive and Judicial Powers of the City, necessary for them to exercise the powers established by this Constitution and that of Mexico City, as of the beginning of their functions. Said laws shall enter into force once the Political Constitution of Mexico City does.
What is provided in the third paragraph of Base II of Subsection A of article 122 of the Constitution contained in this Decree shall not be applicable to the deputies who are members of the VII Legislative Assembly of the Federal District.
ARTICLE FOUR.- The rules relating to the election of the Boroughs (Alcaldías) shall apply as of the electoral process for the constitutional election of the year 2018.
The election of the Boroughs in the year 2018 shall be carried out based on the territorial division of the sixteen territorial demarcations of the Federal District in force until the entry into force of this Decree. The Councils of the sixteen Boroughs elected in 2018 shall be composed of the Mayor and ten Council members elected according to the principles of relative majority and proportional representation, in a proportion of sixty percent for the first principle and forty percent for the second.
What is provided in subparagraph b) of the third paragraph of Base VI of Subsection A of article 122 of the Constitution contained in this Decree shall not be applicable to the holders of the political-administrative organs of the territorial demarcations of the Federal District elected in 2015, who may not be nominated in the elections of 2018 to make up the Boroughs.
The Legislative Assembly of the Federal District is empowered so that, once the Political Constitution of Mexico City is published, it issues the laws inherent to the organization, functioning and powers necessary for the Boroughs, as of the beginning of their functions in 2018, to exercise the powers referred to in this Constitution and that of Mexico City. Said laws shall enter into force once the Political Constitution of Mexico City does.
ARTICLE FIVE.- The governing bodies elected in the years 2012 and 2015 shall remain in office until the end of the period for which they were elected. In the performance of their duties they shall conform to the constitutional and legal order and to the Statute of Government of the Federal District intended to regulate the functions under their charge, which has emanated or emanates from the competent organs. The powers and authorities derived from this Decree of constitutional amendments shall not be applicable to said governing bodies, and therefore they shall be subject to the constitutional and legal provisions in force prior to the entry into force of this Decree.
ARTICLE SIX.- The amendments to the first paragraph of Subsection B of article 123 and Base XI of Subsection A of article 122 relating to the legal regime of the employment relationships between Mexico City and its employees shall enter into force as of 1 January 2020.
As long as the Legislature of Mexico City exercises the power referred to in Base XI of Subsection A of article 122 of the Constitution, the labor relations between Mexico City and its employees that, prior to the entry into force of this Decree, were governed by the Federal Law of Workers in the Service of the State, regulatory of Subsection B of article 123 of the Political Constitution of the United Mexican States, shall continue to be governed by said Law, and the labor conflicts that arise shall be heard and resolved by the Federal Conciliation and Arbitration Tribunal, until the competent instance is established in the local sphere of Mexico City.
The employees of the Legislative, Executive and Judicial powers of Mexico City, its territorial demarcations and its autonomous organs, as well as of the parastatal entities of the local Public Administration, shall preserve the acquired rights that derive from the application of the legal order that governs them, at the moment of the entry into force of this Decree.
The public organs of Mexico City that, prior to the entry into force of this Decree, are incorporated in the Institute of Security and Social Services for State Workers, shall continue subject, as well as their employees, to the same social security regime.
The public organs of Mexico City that are not incorporated in the Institute of Security and Social Services for State Workers may enter into an agreement, in the terms of the law of said Institute, for their incorporation and the affiliation of their employees. The foregoing, as long as Mexico City is up to date in its obligations with the Institute and the latter has the necessary capacity, in terms of its own law.
ARTICLE SEVEN.- The Constituent Assembly of Mexico City shall be composed of one hundred constituent deputies, who shall be elected in accordance with the following:
A.Sixty shall be elected according to the principle of proportional representation, by means of a list voted in a single multi-member circumscription, in the following terms:
I.National political parties may request the registration of candidates by means of lists with tickets composed of principals and substitutes, as well as citizens by means of independent candidacies, composed of a ticket of principals and substitutes.
II.In the case of independent candidacies, the following shall be observed:
a)The registration of each independent candidates' ticket shall require the manifestation of will to be a candidate and to have at least the signature of a number of citizens equivalent to one percent of the nominal list of electors of the Federal District, within the deadlines determined for such purpose by the National Electoral Institute (Instituto Nacional Electoral).
b)With the candidates' tickets that comply with the requirements of the preceding subparagraph, the National Electoral Institute shall compose a list of up to sixty tickets with the names of the candidates, ordered in descending order by the date on which registration is obtained.
c)On the electoral ballot there must appear a blank box so that the elector records his vote, where applicable, for the ticket of independent candidates of his preference, identifying them by name or the number corresponding to them. It shall be sufficient that he records the name or surname of the principal candidate and, in all cases, that the sense of his vote be indubitable.
d)Based on the tallies of the polling stations, the National Electoral Institute shall make the tally of each of the independent candidates' tickets, and shall establish those that have obtained a vote equal to or greater than the natural quotient of the formula for the assignment of the constituent seats.
III.The constituent seats shall be assigned:
a)To the independent candidates' tickets that have reached a vote equal to or greater than the natural quotient, which shall be that resulting from dividing the valid votes cast by sixty.
b)To the political parties, the remaining seats, in accordance with the rules provided in article 54 of the Constitution and in the General Law of Electoral Institutions and Procedures that result applicable and insofar as they do not oppose this Decree.
For this assignment a new quotient shall be established, which shall result from dividing the votes cast, once the votes obtained by the independent candidates are deducted, by the number of remaining seats to be assigned.
In the assignment of the constituent deputies, the order in which the candidates appeared in the lists presented by the political parties shall be followed.
c)If after applying the distribution in the terms provided in the preceding subparagraphs there remain constituent seats to be distributed, the largest remainder of votes held by political parties and independent candidates shall be used.
IV.The pertinent provisions of the General Law of Electoral Institutions and Procedures shall be applicable, in all that does not contravene this Decree.
V.Political parties may not participate in the electoral process referred to in this Subsection through coalitions.
VI.To be elected constituent deputy in the terms of this Subsection, the following requirements shall be observed:
a)To be a Mexican citizen by birth, in the exercise of his rights;
b)To be twenty-one years of age on the day of the election;
c)To be native of the Federal District or an inhabitant thereof with effective residence of more than six months prior to its date;
d)To be registered in the Federal Register of Electors and to have a voting credential;
e)Not to be in active service in the Federal Army nor to hold police command in the Federal District, at least sixty days before the election;
f)Not to be the head of any of the bodies to which this Constitution grants autonomy, unless they separate from their offices sixty days before the day of the election;
g)Not to be a Secretary or Undersecretary of State, nor the head of any of the decentralized or deconcentrated bodies of the federal public administration, unless they separate from their offices sixty days before the day of the election;
h)Not to be a Minister of the Supreme Court of Justice of the Nation or a member of the Federal Judicature Council, unless they separate from their offices sixty days before the day of the election;
i)Not to be a Magistrate, nor a Secretary of the Electoral Tribunal of the Federal Judiciary or of the Electoral Tribunal of the Federal District, nor President Councillor or electoral councillor of the General, local, district or territorial demarcation Councils of the National Electoral Institute or of the Electoral Institute of the Federal District, nor Executive Secretary, Executive Director or professional directive personnel of said Institutes, nor to belong to the National Professional Electoral Service, unless they definitively separate from their offices three years before the day of the election;
j)Not to be a federal legislator, nor a deputy to the Legislative Assembly of the Federal District, nor a Delegational Head, unless they separate from their offices sixty days before the day of the election; the provisions of article 125 of the Constitution being applicable in any case;
k)Not to be a Magistrate of the Superior Court of Justice or of the Court of Administrative Litigation of the Federal District, nor a member of the Judicature Council of the Federal District, nor a Federal Magistrate or Judge in the Federal District, unless they separate from their offices sixty days before the day of the election;
l)Not to be the head of any of the bodies with constitutional autonomy of the Federal District, unless they separate from their offices sixty days before the day of the election;
m)Not to be a Secretary in the Government of the Federal District, nor the head of any of the decentralized or deconcentrated bodies of the local public administration, unless they separate from their offices sixty days before the day of the election;
n)Not to be a minister of any religious worship; and
o)In the case of independent candidates, not to be registered in the membership rolls of the political parties, with a cutoff date of March 2016, nor to have participated as pre-candidates or candidates for offices of popular election nominated by any political party or coalition, in the federal or local elections immediately prior to the election of the Constituent Assembly.
VII.The General Council of the National Electoral Institute shall issue the Call for the election of the constituent deputies no later than within the following 15 days as of the publication of this Decree. The Agreement approving the Call for the election shall establish the dates and deadlines for the development of the stages of the electoral process, in consideration of what is provided in the second paragraph of this Transitory provision.
VIII.The electoral process shall conform to the general rules approved by the General Council of the National Electoral Institute. Said rules must regulate the process in consideration of its purpose and, consequently, the Institute may make adjustments to the deadlines established in the electoral legislation in order to guarantee the execution of the electoral activities and procedures.
The acts within the electoral process must be circumscribed to proposals and contents related to the constituent process. For such purpose, the corresponding electoral authorities must apply strict scrutiny over their legality.
The Electoral Tribunal of the Federal Judiciary shall be competent to resolve the challenges derived from the electoral process, in the terms determined by the applicable laws.
B.Fourteen senators designated by the vote of two thirds of the members present of the Chamber, upon proposal of its Political Coordination Board (Junta de Coordinación Política).
C.Fourteen federal deputies designated by the vote of two thirds of the members present of the Chamber, upon proposal of its Political Coordination Board.
The federal legislators designated as constituent deputies in terms of this Subsection and the preceding one shall continue to exercise their federal offices of popular election, without article 62 of the Constitution being applicable.
D.Six designated by the President of the Republic.
E.Six designated by the Head of Government of the Federal District.
F.All constituent deputies shall exercise their office honorarily, and therefore shall not receive any remuneration.
The Constituent Assembly shall exclusively exercise all the functions of Constituent Power for Mexico City and the election for its composition shall be held on the first Sunday of June of 2016 in order to be installed on 15 September of that year, and it must approve the Political Constitution of Mexico City, no later than 31 January 2017, by two thirds of its members present.
For the conduct of the constitutive session of the Constituent Assembly, the five oldest constituent deputies shall act as the Installing Board (Junta Instaladora). The Installing Board shall be composed of a President, two Vice Presidents and two Secretaries. The constituent deputy with the greatest seniority shall be the President of the Installing Board. The constituent deputies with the two next greatest seniorities shall be Vice Presidents and, as Secretaries, the following two members with the successive greatest seniorities shall assist them.
The installation session of the Assembly shall be governed, insofar as relevant, by the provisions of article 15 of the Organic Law of the General Congress of the United Mexican States.
The Installing Board shall be responsible for conducting the work for the approval of the Rules for the Internal Government of the Constituent Assembly of Mexico City, which must be approved within the ten days following the installation of the Assembly. For its discussion and approval, the Internal Rules of the Chamber of Deputies shall be applicable insofar as relevant.
It is the exclusive power of the Head of Government of the Federal District to prepare and submit the draft Political Constitution of Mexico City, which shall be discussed, where applicable amended, added to, and voted by the Constituent Assembly, without any limitation of subject matter. The Head of Government must submit the draft Political Constitution of Mexico City to the Constituent Assembly no later than the day on which the latter holds its installation session.
In order to fulfill its functions, the Constituent Assembly of Mexico City must create at least three committees for the discussion and approval of the opinions relating to the draft Constitution.
ARTICLE EIGHT.- Once the Political Constitution of Mexico City is approved and issued, it may not be vetoed by any authority and shall be submitted immediately so that, without further procedure, it is published in the Official Gazette of the Federation and in the Official Gazette of the Federal District.
The Political Constitution of Mexico City shall enter into force on the day it designates for the installation of the Legislature, except as regards the electoral matter, which shall be applicable as of the month of January of 2017. In the event that it is necessary to hold extraordinary elections, they shall be carried out in accordance with the electoral legislation in force on the day of the publication of this Decree.
The Legislative Assembly of the Federal District is empowered to legislate on the electoral procedures and institutions that shall be applicable to the 2017-2018 electoral process.
At the moment of the publication of the Political Constitution of Mexico City, the functions of the Constituent Assembly shall cease. As of that, the amendments and additions to the Political Constitution of Mexico City shall be made in accordance with what the same establishes.
ARTICLE NINE.- The composition, organization and functioning of the Constituent Assembly of Mexico City shall be governed exclusively by the provisions of this Decree and of the Rules for its Internal Government, in accordance with the following bases:
I.The Constituent Assembly of Mexico City shall have the following powers:
a)To elect, by the vote of two thirds of its members, the members of its Presiding Board (Mesa Directiva), in the terms provided by the Rules for its Internal Government, within the five days following the approval of the latter.
In the event that, once the deadline referred to in the preceding paragraph has elapsed, the Presiding Board has not been elected, the Installing Board shall exercise the authorities and powers that the Rules for the Internal Government of the Constituent Assembly grants to it and to its members, as corresponds. The Installing Board may not exercise said powers beyond 5 October 2016.
b)To hold sessions in Plenary and in committees, in accordance with the convocations issued for such purpose by its Presiding Board and the governing organs of its committees.
c)To issue all the agreements necessary for the fulfillment of its function.
d)To receive the draft Political Constitution of Mexico City submitted to it by the Head of Government of the Federal District.
e)To discuss, modify, add to and vote the draft Political Constitution of Mexico City.
f)To approve, issue and order the publication of the Political Constitution of Mexico City.
II.The Constituent Assembly shall enjoy full autonomy for the exercise of its powers as Constituent Power; no authority may intervene or interfere in its installation and functioning.
III.The Constituent Assembly of Mexico City shall hold its sessions in the former seat of the Senate of the Republic in Xicoténcatl. Said Chamber shall be responsible for determining the seat of the Constituent Assembly for its installation, in the event that, due to circumstances of fact, it is not possible to occupy the aforementioned premises. The plenary of the Constituent Assembly may determine at any moment the designation of another venue to hold sessions.
IV.The premises that the Constituent Assembly of Mexico City occupies for the fulfillment of its function are inviolable. The federal and Federal District authorities must provide the assistance requested of them by the President of the Constituent Assembly to safeguard the inviolability of the premises that it occupies and to guarantee its members the free exercise of their function.
V.The Constituent Assembly shall hold sessions in Plenary and in committees, in accordance with what its Rules provide. The sessions of the Plenary shall require the attendance, at least, of the majority of the total of its members and its agreements shall be adopted with the vote of two thirds of the total of its members. The sessions of the Committees shall require the attendance of the majority of their members and their determinations shall be adopted with the vote of the majority of those present. In all cases the discussions must be circumscribed to the subject matter of the debate.
VI.The Constituent Assembly of Mexico City may not interfere, under any circumstance, in the functions of the Powers of the Union nor of the organs of the Federal District, nor shall it have any power related to the exercise of the government of the entity. Nor may it make pronouncements or take agreements regarding the exercise of the Federal or Federal District Governments or of any other federal or local power.
ARTICLE TEN.- The Congress of the Union, in issuing the laws referred to in the third paragraph of Subsection B and the first paragraph of Subsection C of article 122, must provide that the same enter into force on the date on which the validity of the Political Constitution of Mexico City begins.
ARTICLE ELEVEN.- All the properties located in Mexico City that are intended for the service provided by the powers of the Federation, as well as any other property dedicated to them, shall continue under the jurisdiction of the federal powers.
ARTICLE TWELVE.- The judges and magistrates of the Superior Court of Justice of the Federal District shall be integrated into the Judicial Power of Mexico City, once the latter begins its functions, in accordance with what the Political Constitution of said entity establishes.
ARTICLE THIRTEEN.- The review appeals filed against the resolutions of the Court of Administrative Litigation of the Federal District, in accordance with the provisions of article 104, section III of this Constitution, that are pending resolution at the entry into force of this Decree, shall continue the procedure that corresponds in accordance with the legal regime applicable at the moment of their filing, until their total conclusion.
As long as in Mexico City the legal provisions are not issued for the filing and processing of the review appeals filed against the resolutions of the Court of Administrative Justice of Mexico City, said appeals shall be heard and resolved by the Courts of the Federation, in the terms of section III of article 104 of the Constitution.
ARTICLE FOURTEEN.- As of the date of entry into force of this Decree, all references that in this Constitution and other legal orders are made to the Federal District must be understood as made to Mexico City.
ARTICLE FIFTEEN.- The citizens who have occupied the headship of the Department of the Federal District, of the Headship of Government or of the local Executive, designated or elected, in no case and for no reason may occupy that of Head of Government of Mexico City, nor with the character of interim, provisional, substitute or officer in charge.
ARTICLE SIXTEEN.- The Boroughs shall have access to the resources of the federal funds and branches in the terms provided by the Fiscal Coordination Law.
ARTICLE SEVENTEEN.- Within the functions that correspond to the Boroughs, the Political Constitution of Mexico City and the local laws shall contemplate, at least, those that the Organic Law of the Public Administration of the Federal District in force at the entry into force of this Decree establishes for the holders of the political-administrative organs of the territorial demarcations of the Federal District, based on what is established by article 122 of the Constitution.
The powers of the Boroughs referred to in this transitory article must be distributed between the Mayor and the Council of the Borough, in consideration of what is provided in Base VI of Subsection A of article 122 of the Constitution, amended by means of this Decree.
DECREE by which section XXIX-X is added to article 73 of the Political Constitution of the United Mexican States.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which the second paragraph of article 11 of the Political Constitution of the United Mexican States is amended.
SOLE. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which various provisions of the Political Constitution of the United Mexican States are declared amended and added, regarding Alternative Mechanisms for the Settlement of Controversies, Regulatory Improvement, Civic and Itinerant Justice and Civil Registries.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- Within a period that shall not exceed 180 calendar days following the entry into force of this Decree, the Congress of the Union shall issue the general laws referred to in sections XXIX-A, XXIX-R, XXIX-Y and XXIX-Z of this Constitution.
Third.- The general law on the matter of civil registries referred to in section XXIX-R of article 73 of this Constitution must provide, at least: the obligation to work with accessible registration formats; the standardization of certificates at the national level; physical and electronic security measures; the possibility of carrying out procedures with digital signatures; of carrying out consultations and issuances remotely; the design of alternative mechanisms for the attention of Indigenous peoples and communities and groups in a situation of special vulnerability and marginalization; homologated mechanisms of data capture; simplification of procedures for correction, rectification and clarification of certificates.
The documents issued prior to the entry into force of the law referred to in the second transitory provision of this Decree shall continue to be valid in accordance with the provisions in force at the moment of their issuance. Likewise, the procedures initiated and the resolutions issued on the basis of said provisions must be concluded and executed, respectively, in accordance with the same.
Fourth.- The federal and local legislation on the matter of alternative mechanisms for the settlement of controversies shall continue in force until the legislation referred to in this Decree enters into force, and therefore the procedures initiated and the judgments issued on the basis of the same must be concluded and executed in accordance with what is provided in those.
Fifth.- The legislation on the matter of alternative mechanisms for the settlement of controversies of the federation and of the states (federal entities) must conform to what is provided in the general law that the Congress of the Union issues in accordance with article 73, section XXIX-A of this Constitution.
Sixth.- The general law on the matter of regulatory improvement referred to in article 73, section XXIX-Y of this Constitution must consider at least the following:
a)A national catalog of federal, local and municipal regulations, procedures and services with the objective of generating legal certainty for private persons.
b)To establish the obligation for the authorities to facilitate the procedures and the obtaining of services by means of the use of information technologies, in accordance with their budgetary availability.
c)The registration in the catalog shall be obligatory for all authorities in the terms that the same provides.
Seventh.- The general law on the matter of civic and itinerant justice referred to in article 73, section XXIX-Z of this Constitution must consider, at least, the following:
a)The principles to which the authorities must be subject so that itinerant justice is accessible and available to the citizens;
b)The bases for the organization and functioning of civic justice in the states (federal entities), and
c)The mechanisms of access to civic and itinerant justice and the obligation of the authorities to comply with the principles provided by the law.
The legislatures of the states (federal entities) shall provide the resources necessary to comply with what is provided in this transitory article.
DECREE by which various provisions of articles 107 and 123 of the Political Constitution of the United Mexican States are declared amended and added, regarding Labor Justice.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union and the legislatures of the states (federal entities) must make the legislative adjustments that correspond to comply with what is provided in this Decree, within the year following its entry into force.
Third. As long as the labor courts, the Conciliation Centers and the decentralized body referred to in this Decree are instituted and begin operations, in accordance with the preceding transitory provision, the Conciliation and Arbitration Boards and, where applicable, the Ministry of Labor and Social Welfare or the local labor authorities shall continue attending the differences or conflicts that arise between capital and labor and regarding the registration of collective employment contracts and labor union organizations.
The Collegiate Circuit Courts of the Federal Judiciary shall continue hearing the amparo proceedings filed against the awards issued by the referred Boards in terms of what is provided by section V of article 107 of this Constitution.
The matters that are in process at the moment the labor courts, the Conciliation Centers and the decentralized body referred to in this Decree begin their functions shall be resolved in accordance with the provisions applicable at the moment of their initiation.
Fourth. Within the period referred to in the second transitory article of this Decree, the Federal Executive shall submit to the Senate the shortlist (terna) for the designation of the head of the decentralized body that shall be in charge of attending the matters related to the registration of collective employment contracts and labor union organizations.
Fifth. In any case, the rights of the employees who are in charge of attending the matters referred to in the first paragraph of the third transitory article shall be respected in accordance with the law.
Sixth. The competent authorities and the Conciliation and Arbitration Boards must transfer the procedures, files and documentation that, in the sphere of their respective powers, they have under their attention or custody to the labor courts and to the Conciliation Centers that shall be in charge of resolving the differences and conflicts between employers and employees.
Likewise, the competent authorities and the Conciliation and Arbitration Boards must transfer the files and documentation that, in the sphere of their respective powers, they have under their attention or custody, to the decentralized body that shall be in charge of attending the matters related to the registration of collective employment contracts and labor union organizations.
DECREE by which articles 16, 17 and 73 of the Political Constitution of the United Mexican States are amended and added, regarding Everyday Justice (Substantive Settlement of the Conflict and Legislative Competence over Civil and Family Procedures).
FIRST. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), with the exception of what is provided in the following transitory provision.
SECOND. The amendment of the first paragraph of article 16 and the addition of a new third paragraph to article 17 of the Constitution shall enter into force on the one hundred eighty calendar days following that of its publication in the Official Gazette of the Federation. For such purpose, and in the cases in which it is required, the Congress of the Union and the Legislatures of the states (federal entities) must adjust to the modifications in question, respectively, the general laws and the federal laws, as well as the laws of the states (federal entities).
THIRD. The Legislatures of the states (federal entities) must carry out the amendments to their constitutions to adjust them to the content of this Decree within a period that shall not exceed one hundred eighty days, counted as of the entry into force of this Decree.
FOURTH. The Congress of the Union must issue the procedural legislation referred to in section XXX of article 73 of the Constitution added by means of this Decree, within a period that shall not exceed one hundred eighty days counted as of the entry into force of this Decree.
FIFTH. The civil and family procedural legislation of the Federation and of the states (federal entities) shall continue in force until the legislation referred to in section XXX of article 73 of the Constitution, added by means of this Decree, enters into force, and in accordance with the transitory regime that the same provides. The procedures initiated and the judgments issued on the basis of the federal civil procedural legislation and the civil and family procedural legislation of the states (federal entities) must be concluded and executed, respectively, in accordance with the same.
DECREE by which the Sixteenth Transitory Article of the “Decree by which various provisions of the Political Constitution of the United Mexican States are amended, added and repealed, regarding political-electoral matters”, published in the Official Gazette of the Federation on 10 February 2014, is amended.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which article 22 and section XXX of article 73 of the Political Constitution of the United Mexican States are amended, regarding Extinction of Ownership.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union, within a period of 180 days following the beginning of the validity of this Decree, shall issue the single national legislation on the matter of extinction of ownership.
Third. The Federal Law of Extinction of Ownership, Regulatory of article 22 of the Political Constitution of the United Mexican States, as well as the respective legislation of the local sphere, shall continue in force until the Congress of the Union issues the single national legislation on the matter of extinction of ownership that this Decree orders.
Fourth. The proceedings on the matter of extinction of ownership initiated on the basis of the federal and local legislation referred to in the preceding transitory provision article, as well as the judgments issued based on the same, shall not be affected by the entry into force of this Decree, and must be concluded and executed in accordance with the constitutional and legal order in force at the moment of their initiation.
DECREE by which various provisions of the Political Constitution of the United Mexican States are amended, added and repealed, on the matter of the National Guard.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
The Congress of the Union, within the 60 calendar days following the entry into force of this Decree, shall issue the National Guard Law and make the pertinent legal adjustments.
Likewise, it shall issue the national laws that regulate the use of force and the registry of detentions within the 90 calendar days following the entry into force of this Decree.
Second. The National Guard shall be constituted upon the entry into force of this Decree with the elements of the Federal Police, the Military Police and the Naval Police that the President of the Republic determines in agreements of a general nature. While the respective law is issued, the National Guard shall assume the objectives, attributions and obligations provided in articles 2 and 8 of the Federal Police Law, with the gradualness required to ensure the continuity of operations and the transfer of human, material and financial resources that correspond. Likewise, the Federal Executive shall make the necessary arrangements for the incorporation of the elements of the Military and Naval police into the National Guard and shall designate the head of the superior command body and the members of the interinstitutional operational coordination instance formed by representatives of the ministries of the security branch, of National Defense and of the Navy.
Third. The elements of the Military and Naval police, as well as other command elements and support services of the permanent Armed Force, that are assigned to the National Guard, shall retain their rank and benefits; the law shall guarantee that when an element is reassigned to its corps of origin, this is done respecting the rights it had at the moment of being assigned to the National Guard, as well as the recognition of the time of service therein, for purposes of its seniority. The foregoing shall be applicable, insofar as relevant, to the elements of the Federal Police that are assigned to the National Guard.
Fourth. When issuing the laws referred to in section XXIII of article 73 of this Constitution, the Congress of the Union shall observe the following:
I.The amendments to the General Law of the National Public Security System shall contemplate, at least, the following elements:
1.The regulations on the training and conduct of the police institutions in charge of public security in accordance with the civil police doctrine established in article 21 of this Constitution, and
2.The regulation of the national information system on public security referred to in subparagraph b) of the tenth paragraph of article 21 of this Constitution.
II.The National Guard Law shall contain, at least, the following elements:
1.The cases for the coordination and collaboration of the National Guard with the public security institutions of the states (federal entities) and of the Municipalities;
2.The rules to determine the contributions of the states (federal entities) and Municipalities when they request the collaboration of the National Guard for the handling of public security tasks of local competence;
3.That relating to the hierarchical structure, disciplinary regimes that include offenses, crimes and sanctions for breaches of police discipline, responsibilities and services, promotions, benefits, entry, education, training, professionalization and compliance with the responsibilities and tasks that can be homologated, insofar as relevant, to the applicable provisions in the sphere of the permanent Armed Force;
4.The criteria for evaluating the performance of its members;
5.The regulation on the disposition, possession, carrying and use of firearms, in accordance with international standards and best practices;
6.The hypotheses for the delimitation of the actions of its members;
7.The requirements that its members must meet, in accordance with the applicable laws, and
8.The minimum components of the annual report referred to in section IV of article 76 of this Constitution.
III.The National Law on the Use of Force shall establish, at least, the following provisions:
1.The purpose, scope and definition of the use of public force;
2.The persons bound to comply with the law and the rights and obligations of the members of institutions with attributions to carry out the exercise of public force;
3.The subjection of the use of force to the principles of legality, necessity, proportionality, rationality and opportunity;
4.The provision of training in the means, methods, techniques and tactics of the use of force through physical control, the use of incapacitating, non-lethal and lethal weapons;
5.The levels for the use of public force by public officials in the exercise of their attributions to enforce the law;
6.The distinction and regulation of incapacitating, non-lethal and lethal weapons and instruments;
7.The rules on the carrying and use of firearms among the members of institutions with attributions to carry out the exercise of public force, as well as their responsibilities and sanctions;
8.The provisions for the conduct of the members of institutions with attributions to carry out the exercise of public force, in relation to detained persons, under their custody or in public demonstrations;
9.The rules for the submission of reports by the public officials who use firearms in the performance of their functions, as well as for their systematization and archiving, and
10.The basic rules of training and professional management of the use of public force.
IV.The National Law of the Registry of Detentions shall incorporate, at least, the following provisions:
1.The characteristics of the Registry and the principles that govern its formation, use and preservation;
2.The moment of carrying out the registration of the person within the detention procedure;
3.The treatment of the personal data of the detained person, in accordance with the laws on the matter;
4.The criteria to classify the information as reserved or confidential;
5.The persons authorized to access the database of the Registry and the levels of access;
6.The attributions of the public officials who perform functions in the Registry and their responsibilities in the receipt, administration and security of the information, and
7.The actions that the Registry and its personnel must carry out in the event of facts that put its database at risk or compromise it.
Fifth. During the nine years following the entry into force of this Decree, while the National Guard develops its structure, capacities and territorial deployment, the President of the Republic may avail himself of the permanent Armed Force for public security tasks. In accordance with the terms set forth by the Supreme Court of Justice of the Nation, that participation must be:
I.Extraordinary, so that absolute necessity is proven, that it be temporary and requested expressly and with justification by the civil authority;
II.Regulated, so that it complies with a strict adherence to the legal order provided in this Constitution, in the laws that emanate from it and the international treaties that are in accordance with it;
III.Subject to oversight, in such a way that there exists the constant review or supervision of the institutional functioning through accountability, and
IV.Subordinate and complementary, in such a way that the support tasks that the Armed Force provides to the public security institutions can only be carried out in their aid or complement, and are founded and reasoned.
The permanent Armed Force shall carry out the public security tasks with its own organization and resources, and must be trained in the civil police doctrine established in article 21 of this Constitution.
The actions carried out by the permanent Armed Force shall in no case have as their object to replace the civil authorities of other orders of government in the fulfillment of their competences or to exempt said authorities from their responsibilities.
The Federal Executive shall present to the Congress of the Union a semiannual report on the exercise of the foregoing power, providing the quantifiable and verifiable indicators that allow evaluating the results obtained in the reported period on the matter of public security, and corroborating respect for human rights and those of the Indigenous peoples and communities and Afro-Mexican peoples and communities.
For the analysis and ruling of the reports established in the foregoing paragraph, within a period no greater than sixty days, counted from the entry into force of this Decree, and until the conclusion of the period indicated in the first paragraph, a bicameral commission shall be formed, in the terms agreed by the political leadership bodies of the Chambers of the Congress of the Union.
The commission shall meet whenever its board convenes it; for the issuance of the semiannual ruling it shall convene, if so required, the heads of the ministries of the Interior, of Security and Citizen Protection, of National Defense and of the Navy. The ruling shall evaluate compliance with the conditions established in the first paragraph of this article for the participation of the permanent Armed Force in public security tasks and must indicate those states (federal entities) where the permanent presence of the Armed Forces in those tasks ceases to be required. Likewise, it shall contain the recommendations that contribute to compliance with the period established in that same paragraph.
The bicameral commission shall remit to each one of the Chambers of the Congress of the Union the semiannual rulings, for their discussion and approval. Once approved they shall be remitted to the Federal Executive, which must report on the attention given to the recommendations issued.
The Senate, upon analyzing and approving the annual reports that the Federal Executive renders to it on the activities of the National Guard, shall evaluate the participation of the permanent Armed Force in public security tasks, carried out under this transitory article, in order to guarantee that at the conclusion of the period indicated in the first paragraph thereof the permanent Armed Force concludes its participation in public security tasks, and the National Guard and the other public security institutions assume in full the powers established in article 21 of this Constitution.
The persons holding the Executive Branch of the states (federal entities) shall remit annually to the corresponding local legislatures and to the National Public Security Council the comprehensive evaluation, in a six-year perspective, counted from the entry into force of the amendment to this transitory article, of the program indicated in the Seventh Transitory Article. The results of those evaluations shall be the basis for the adjustments of the referred program and its execution calendar, by the corresponding organs.
Article amended DOF 18-11-2022
Sixth. During the period referred to in the foregoing article, for the formation and operation of the National Guard, the ministries of the branches of National Defense and of the Navy shall participate, in accordance with the law, with that of the security branch, for the establishment of its hierarchical structure, its disciplinary regimes, of compliance with responsibilities and tasks, and of services, as well as for the implementation of the rules of entry, education, training, professionalization, promotions and benefits, which may be homologated insofar as relevant, to the applicable provisions in the sphere of the permanent Armed Force.
Seventh. The Executives of the states (federal entities) shall present before the National Public Security Council, within a period that may not exceed 180 days from the entry into force of this Decree, the diagnosis and the program for the strengthening of the force strength and the institutional capacities of their respective state and municipal police bodies.
For the execution of the program, the necessary provisions shall be established in the expenditure budgets of the Federation and of the states (federal entities), on the basis of co-responsibility as of fiscal year 2020.
One year after the referred program has been issued, the local Executive shall send annually to the Legislature of the corresponding state (federal entity) and to the National Public Security Council, the comprehensive evaluation thereof with the report on the progress in the indicated objectives and their compliance in a six-year horizon. The results of the evaluation shall be considered for the adjustment of the program and its execution calendar, by the corresponding organs.
DECREE by which Article 19 of the Political Constitution of the United Mexican States is declared amended, on the matter of mandatory preventive detention.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. For the effects referred to in the second paragraph of article 19, subject of this Decree, the Congress of the Union, within a period of 90 days following the publication in the Official Gazette of the Federation, must carry out the normative adjustments necessary to include in article 167 of the National Code of Criminal Procedure, and other corresponding legal instruments, the criminal hypotheses referred to in article 19.
Third. Upon the entry into force of this Decree, crimes in matters of corruption, in the case of those corresponding to illicit enrichment and abusive exercise of functions, shall enter into force as of the appointment made by the Head of the Office of the Attorney General of the Republic with respect to the Specialized Prosecutor's Office in matters of crimes related to acts of corruption.
Fourth. Mandatory preventive imprisonment must be evaluated to determine the continuity of its application, as of the completion of five years of the validity of this Decree.
In the period indicated in the foregoing paragraph, the efficacy of this precautionary measure, and the efficiency of the accusatory penal system, must be evaluated in accordance with the criteria of the National Public Security System, through reports issued by the federal government and the governments of the states (federal entities), taking into account the respective judicial branches, as well as the corresponding prosecutors' offices or attorney's offices, and organs for the protection of human rights, and which must contain, at least, the following elements:
1.Effective performance of the State Units of Supervision of Precautionary Measures and Conditional Suspension of the Process;
2.Efficacy of the precautionary measures applied;
3.Creation and performance of bodies for the comprehensive care of victims;
4.Implementation of criminal information and judicialization systems;
5.Result of the application of Alternative Dispute Resolution Mechanisms in Criminal Matters, and
6.The progress of the implementation of critical elements such as the training of the operators of the judicial branches and of the Public Prosecutor's Office (Ministerio Público), investigative police, preventive police, experts, among others.
The parameters for the measurement of efficacy in the implementation of the critical elements shall be provided by the corresponding law.
Fifth. The application of the rules relating to article 19 in the criminal scenarios subject of this Decree shall be made in accordance with the provisions of article 14 of the Constitution.
DECREE by which various provisions of articles 3o., 31 and 73 of the Political Constitution of the United Mexican States are amended, added and repealed, on the educational matter.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. As of the entry into force of this Decree, the General Law of the Professional Teaching Service is abrogated, all provisions contained in the secondary laws are repealed and the regulations, agreements and provisions of a general nature contrary to this Decree are left without effect.
Until the Congress of the Union issues the law on the matter of the System for the Career of Female and Male Teachers, any evaluation is suspended and the provisions that empower the current National Coordination of the Professional Teaching Service of the Ministry of Public Education to provide the necessary measures and comply with the processes derived from the Professional Teaching Service shall remain in force.
In the application of this Decree, the acquired rights of female and male teachers shall be respected, which may not be restricted or affected retroactively with the newly created provisions.
Third. The acts referred to the application of the General Law of the Professional Teaching Service that affected the permanence of female and male teachers in the service are left without effect.
Fourth. As of the entry into force of this Decree, the Law of the National Institute for the Evaluation of Education is abrogated, all provisions contained in the secondary laws are repealed and the regulations, agreements and provisions of a general nature contrary to this Decree are left without effect.
Fifth. The Congress of the Union must issue the Law of the organ referred to in section IX of article 3o. of the Political Constitution of the United Mexican States and the General Law of the System for the Career of Female and Male Teachers, no later than a period of 120 days from the publication of this Decree.
Sixth. The Congress of the Union must issue the General Laws on the matter of Higher Education and of Science, Technology and Innovation no later than the year 2020.
Seventh. The Congress of the Union must carry out the amendments to the corresponding secondary legislation, no later than a period of 120 days from the publication of this Decree.
Eighth. The legislatures of the States, in the sphere of their competence, shall have the period of one year to harmonize the legal framework on the matter, in accordance with this Decree.
Ninth. For the integration of the first Directive Board of the organ referred to in section IX of article 3o. of the Political Constitution of the United Mexican States, the Senate shall designate its five members within a period of 30 calendar days counted from the entry into force of this Decree, with an extension of up to 15 calendar days.
In order to ensure the staggered renewal by reason of the appointments that shall be made, these shall be made for the following periods:
1)Two appointments for a period of five years;
2)Two appointments for a period of six years, and
3)One appointment for a period of seven years.
In the integration of the Technical Council of Education, the Senate shall designate its seven members within a maximum period of 60 calendar days counted from the entry into force of this Decree. Four of them must be representatives of the diverse types and modalities of education.
In order to ensure the staggered renewal by reason of the appointments that shall be made, these shall be made for the following periods:
1)Three appointments for a period of three years;
2)Three appointments for a period of four years, and
3)One appointment for a period of five years.
For the designation of the members of the Directive Board and of the Technical Council, the Senate shall issue a public call so that educational institutions, organs of organized civil society and society in general present proposals. The Political Coordination Board shall agree the procedures for their election.
The Directive Board and the Technical Council of Education shall assume their functions to exercise the faculties granted to it by this Decree, once the legislation of the organ for the continuous improvement of education, which the Congress of the Union issues, enters into force.
Tenth. The budgetary allocations, as well as the human, financial and material resources with which the National Institute for the Evaluation of Education counts, shall form part of the organ referred to in article 3o., section IX, of the Political Constitution of the United Mexican States.
Once the Directive Board is constituted, it shall be the one in charge of complying with this provision, independently of the attributions that correspond in this process to other authorities, and it shall additionally carry out all those for the functioning of the organ.
Until the designation of the Directive Board made by the Senate in the terms of the Ninth Transitory Article, the person who served as head of the Administration Unit of the National Institute for the Evaluation of Education shall be appointed as Coordinator of Administration, who shall arrange the administrative and financial measures for its functioning, for which it shall have the following attributions:
I.Administer and control the human resources, budget, financial resources, goods and services, technological services, legal affairs and improvement of the management of the organ;
II.Follow up the processes of planning and programming, as well as their implementation, with the participation of the administrative units;
III.Give continuity to the provisions that govern labor relations and carry out the processes of recruitment, selection, payroll and remunerations, services and training of personnel;
IV.Supervise the actions for the development and follow-up of the processes of acquisition, storage, distribution, control and maintenance of material resources, as well as the general services of the Institute;
V.Execute the legal instruments on the matter of administration of the Institute;
VI.Direct the information technology strategies of the organ and the development of computing tools and communication and technological systems, as well as the provision of computing services and technical support, with the participation of the administrative units;
VII.Establish the strategies to legally represent the organ in all kinds of legal proceedings, administrative procedures and investigations before the courts and other authorities;
VIII.Coordinate the attention and vigilance of compliance with the provisions on the matter of transparency and access to public information, and
IX.Determine the actions to attend the audits of the auditing instances, in coordination with the administrative units.
Within a period of 15 days from the validity of this Decree, the Coordinator of Administration must publish in the Official Gazette of the Federation a report about the situation of the Institute that includes the corresponding financial balance.
The labor rights of the public officials of the current National Institute for the Evaluation of Education shall be respected in accordance with the law.
The body of statistical information, indicators, studies, databases, reports and any other document published or to be published prepared or in the possession of the National Institute for the Evaluation of Education is public patrimony and must be placed at the disposal of the citizenry in a public portal, accessible, with due protection of personal data and easy to handle, within a period of 90 days from the publication of this Decree.
Eleventh. For the integration of the plans and programs referred to in article 3o. in its eleventh paragraph, the Federal Executive shall consider the local, contextual and situational character of the teaching-learning process.
In the case of the teacher training schools, the respective law on the matter of higher education shall establish the criteria for their institutional and regional development, the updating of their study plans and programs to promote academic improvement and contribute to the improvement of education, as well as the improvement of their infrastructure and equipment.
To comply with the provisions of the ninth paragraph of article 3o., the Federal Executive, within a period no greater than 180 days counted from the entry into force of these provisions, shall define a National Strategy for the Improvement of Teacher Training Schools, which shall establish actions for their strengthening.
Twelfth. To attend the initial education referred to in article 3o., the Federal Executive, within a period no greater than 180 days counted from the entry into force of these provisions, shall define a National Strategy for Attention to Early Childhood, in which the gradualness of its provision and financing shall be determined.
Thirteenth. The Federal Education Authority shall maintain its corresponding faculties and attributions for the provision of initial, basic education, including indigenous, special education, as well as teacher training and others for the training of teachers of basic education, in the sphere of Mexico City, while the decentralization of the educational services and the transfer of human, material and budgetary resources are carried out, in accordance with the Agreement entered into by the Federation and the Government of Mexico City.
Fourteenth. The secondary legislation, in the aspects that so merit it, shall determine the gradualness for the implementation of what is contained in this Decree and the Chamber of Deputies annually, in the Expenditure Budget of the Federation, shall approve the budgetary provisions necessary for the progressive compliance thereof.
The Chamber of Deputies, in the corresponding Expenditure Budget of the Federation, shall approve the resources necessary to comply with the provisions of section V of constitutional article 3o.
Fifteenth. To comply with the principle of obligatoriness of higher education, the necessary resources shall be included in the federal, state (federal entity) and municipal budgets, in terms of sections VIII and X of article 3o. of this Constitution; additionally, a special federal fund shall be established that ensures in the long term the economic resources necessary to guarantee the obligatoriness of the services referred to in this article, as well as the pluriannuality of the infrastructure.
Sixteenth. With the entry into force of these provisions, the labor rights of the education service employees shall be governed by article 123 of the Constitution, Subsection B. Based on this Decree, admission, promotion and recognition shall be governed by the Regulatory Law of the System for the Career of Female and Male Teachers, with the stewardship of the State always prevailing.
Seventeenth. The secondary law shall define that, within the school technical councils, a Planning and Evaluation Committee shall be integrated to formulate a program of continuous improvement that contemplates, in an integral manner, the infrastructure, the equipment, the progress of the educational plans and programs, the teacher training and practices, the administrative burden, the attendance of the students, the academic achievement, the performance of the educational authorities and the sociocultural contexts. Said programs shall have a multiannual character, shall define objectives and goals, which shall be evaluated by the referred Committee.
Eighteenth. With the purpose of complying with the provisions of article 3o., section II, subparagraph f), the Federal Executive, within a period no greater than 180 days counted from the entry into force of these provisions, shall define a National Strategy of Educational Inclusion, which shall establish actions and stages for its progressive compliance. Special education in its different modalities shall be provided in exceptional situations.
DECREE by which articles 2, 4, 35, 41, 52, 53, 56, 94 and 115; of the Political Constitution of the United Mexican States are amended, on the matter of Parity between Genders.
FIRST.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
SECOND.- The Congress of the Union must, within a non-extendable period of one year from the entry into force of this Decree, carry out the normative adjustments corresponding to the effect of observing the principle of gender parity established in this Constitution, in the terms of the second paragraph of article 41.
THIRD.- The observance of the principle of gender parity referred to in article 41 shall be applicable to those who take possession of their office, as of the federal or local electoral process following the entry into force of this Decree, as corresponds.
As regards the authorities that are not renewed through electoral processes, their integration and designation must be carried out in a progressive manner as of the new designations and appointments that correspond, in accordance with the law.
FOURTH.- The legislatures of the states (federal entities), in the sphere of their competence, must carry out the corresponding amendments in their legislation, to seek the observance of the principle of gender parity in the terms of article 41.
DECREE by which a subsection C is added to article 2o. of the Political Constitution of the United Mexican States.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which various provisions of the Political Constitution of the United Mexican States are declared amended and added, on the matter of Popular Consultation and Revocation of Mandate.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. Within the 180 days following the publication of this Decree, the Congress of the Union must issue the law referred to in Subsection 8o. of section IX of article 35.
Third. For purposes of the revocation of mandate referred to by this Constitution both at the federal and local level, it must be understood as the instrument of participation requested by the citizenry to determine the anticipated conclusion in the performance of the office as of the loss of confidence.
Fourth. In the case of the process of revocation of mandate of the President of the Republic elected for the constitutional period 2018-2024 being requested, the request for signatures shall begin during the month of November and until 15 December of the year 2021. The corresponding petition must be presented within the first fifteen days of the month of December 2021. In the event that the request is admissible, the National Electoral Institute shall issue the call within the twenty days following the expiration of the period for the presentation of the request. The working day of voting shall be at sixty days from the issuance of the call.
Fifth. The exercise of the attributions that this Constitution confers to the National Electoral Institute on the matter of popular consultations and revocation of mandate shall be covered based on the budgetary availability for the present fiscal year and the subsequent ones.
Sixth. The constitutions of the states (federal entities), within the eighteen months following the entry into force of this Decree, must guarantee the citizen right to request the revocation of mandate of the person holding the Executive Power of the local entity. The request must be raised during the three months following the conclusion of the third year of the constitutional period, by a number equivalent, at least, to ten percent of the nominal list of electors of the state (federal entity), in half plus one of the municipalities or mayoralties of the entity; it may be carried out on a single occasion during the constitutional period, through free, direct and secret voting; it shall be binding when the participation corresponds at minimum to forty percent of said list and the voting is by absolute majority. The working day of voting shall be held on a date subsequent to and not coinciding with local or federal electoral or citizen participation processes and whoever assumes the mandate of the revoked executive shall conclude the constitutional period.
The states (federal entities) that had incorporated the revocation of mandate of the local Executive prior to this Decree shall harmonize their legal order in accordance with these amendments and additions, without detriment to the application of the figure for the offices begun during the validity of said norms.
DECREE by which the first paragraph of article 28 of the Political Constitution of the United Mexican States is declared amended, on the matter of tax forgiveness.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union and the Legislatures of the states (federal entities), in the sphere of their competence, must harmonize the legal framework on the matter to adapt it to the content of this Decree within a period that shall not exceed one year from its entry into force.
DECREE by which article 4o. of the Political Constitution of the United Mexican States is amended and added.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union must harmonize the legal framework on the matter to adapt it to the content of this Decree within a period that shall not exceed 365 days from its entry into force, and must include provisions that determine the scopes and allow gradual compliance in accordance with what is approved in the corresponding expenditure budgets, as well as the concurrence of the three orders of government to guarantee the rights derived from this Decree.
Third. The amount of the resources assigned, in the Expenditure Budget of the Federation and in the budget of the states (federal entities) of the corresponding fiscal year, for the programs of medical attention and free medicines, of economic support for persons who have permanent disability, of pensions for older adults, and of scholarships for students who are in a condition of poverty, may not be diminished, in real terms, with respect to that assigned in the immediately preceding fiscal year.
DECREE by which various provisions of the Political Constitution of the United Mexican States are declared amended, on the matter of Mobility and Road Safety.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The Congress of the Union must issue, within a period that shall not exceed one hundred and eighty days counted from the entry into force of this Decree, the General Law on the Matter of Mobility and Road Safety.
Third.- The Congress of the Union must harmonize, insofar as corresponds, and within a period that shall not exceed one hundred and eighty days counted from the entry into force of the Law referred to in the foregoing article, the General Law of Human Settlements, Territorial Ordering and Urban Development, in accordance with the provisions of this Decree and the referred Law.
DECREE by which articles 4o. and 73 of the Political Constitution of the United Mexican States are declared amended, on the matter of Youth.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The Congress of the Union must issue the General Law on Young Persons, within the period of one year, from the publication of this Decree.
Third. The Legislatures of the states (federal entities) shall carry out the normative adjustments necessary to comply with the purposes established in this Decree, within the 180 days following the issuance of the General Law on Young Persons.
DECREE by which articles 108 and 111 of the Political Constitution of the United Mexican States are declared amended, on the matter of immunity from prosecution (fuero).
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. All provisions that are contrary to the provisions of this Decree are repealed.
DECREE by which various provisions of the Political Constitution of the United Mexican States relating to the Federal Judiciary are declared amended and added.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF), without prejudice to the provisions of the following transitory provisions.
Second. The Congress of the Union, within the 180 days following the entry into force of this Decree, must approve the secondary legislation derived therefrom.
Third. As of the entry into force of the secondary legislation, all mentions of the Unitary Circuit Courts and Circuit Plenaries provided for in the laws shall be understood as made to the Collegiate Appeal Courts and to the Regional Plenaries.
Fourth. The expenditures generated by reason of the entry into force of this Decree shall be made against the budgets approved for the responsible spending agencies for the current fiscal year and the subsequent ones, and therefore no additional resources shall be authorized for such purposes.
Fifth. In the exercise of its regulatory powers, the Federal Judiciary Council shall adopt the necessary measures to convert the Unitary Circuit Courts into Collegiate Appeal Courts, and the Circuit Plenaries into Regional Plenaries, considering the following guidelines:
a)In each state (federal entity) there shall be, at least, one Collegiate Appeal Court.
b)The establishment of the Regional Plenaries shall start from the grouping of Circuits according to the workloads and the statistics of matters filed and resolved.
Sixth. The system of creation of jurisprudence by precedents, which is incorporated as twelfth paragraph to constitutional article 94, shall enter into force when the Supreme Court of Justice of the Nation issues the respective General Agreement, in accordance with its self-regulatory power provided for in said provision.
Seventh. The reclamation and administrative review appeals against the designations of judges and magistrates, which are already in process and which under the new constitutional framework are inadmissible, shall continue their processing until their archiving, and may not be declared moot.
DECREE by which article 30 of the Political Constitution of the United Mexican States is amended, regarding nationality.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which article 43 of the Political Constitution of the United Mexican States is amended (Michoacán de Ocampo).
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF). It shall have effects exclusively to modify the normative portion that establishes the name of the constituent part of the Federation "Michoacán de Ocampo", and therefore the names of the other constituent parts of the Federation in force at the moment of entry into force remain subsisting.
DECREE by which article 43 of the Political Constitution of the United Mexican States is amended (Veracruz de Ignacio de la Llave).
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF). It shall have effects exclusively to modify the normative portion that establishes the name of the constituent part of the Federation "Veracruz de Ignacio de la Llave", and therefore the names of the other constituent parts of the Federation in force at the moment of entry into force remain subsisting.
DECREE by which article 74 of the Political Constitution of the United Mexican States is amended, regarding secret budget items.
Sole. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which a section XXIII Bis is added to article 73 of the Political Constitution of the United Mexican States, regarding Private Security.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. Within the period of 180 calendar days following the entry into force of this Decree, the Congress of the Union must issue the general law on private security referred to in article 73, section XXIII Bis of the Political Constitution of the United Mexican States.
Third. Within the period of 180 calendar days following the entry into force of the general private security law referred to in article 73, section XXIII Bis of the Political Constitution of the United Mexican States, the Congress of the Union and the legislatures of the states (federal entities) must issue the legislation necessary to adapt the regulatory framework to this Decree and the cited law. In the meantime, the legislation shall continue in force in the terms in which it is found on the date of entry into force of this Decree.
In the event that the regulatory adjustments are not carried out, within the period granted to the Congress of the Union and to the legislatures of the states (federal entities), the application of the legislation that does not conform to the content of the aforementioned general law shall cease and, where applicable, the content of the latter shall be applied directly.
Fourth. The matters in process up to the moment in which the general law on private security enters into force shall be concluded in accordance with the legislation under which they were initiated.
DECREE by which the Fifth Transitory Article of the Decree by which various provisions of the Political Constitution of the United Mexican States are amended, added and repealed, regarding the National Guard, published in the Official Gazette of the Federation (DOF) on 26 March 2019, is amended.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- As of the entry into force of this Decree, the National Public Security Council (Consejo Nacional de Seguridad Pública) shall determine the degree of progress in the diagnosis and the programs indicated in the Seventh Transitory Article of the Decree dated 26 March 2019 regarding the National Guard, in order to comply with the provisions of the second paragraph of said transitory provision.
As of fiscal year 2023 the Federal Executive shall establish a permanent fund of support for the states (federal entities) and municipalities destined to the strengthening of their public security institutions. Said fund shall be established in a separate and identifiable form with respect to any other branch or program destined to other purposes in the Federation's Budget of Expenditures, and may not be less in percentage terms than the increase received by the standing Armed Forces and the National Guard for public security tasks each year. The resources of said fund may not be used for another purpose.
The fund referred to in the preceding paragraph shall be distributed in direct proportion to the number of inhabitants of each state (federal entity), in accordance with the most recent statistical information issued for that purpose by the National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía). Up to twenty-five percent of said fund shall be assigned to the states (federal entities) with the best results in matters of public security, in accordance with the indicators established by the National Public Security Council.
In addition to the federal resources established in this transitory article, the heads of the executive branches of the states (federal entities) shall annually establish a fund of support for the public security institutions of the municipalities, especially those with lesser population or greater degree of marginalization. The resources assigned by each state (federal entity) must be at least in a proportion of one to one with respect to the federal resources referred to in this same transitory article.
The budget items referred to in the preceding paragraphs shall not be exempt from transparency and superior audit for reasons of national security and must be used in accordance with the provisions of article 134 of the Political Constitution of the United Mexican States.
Third.- The procedures in process and pending resolution in the Federal Judiciary at the entry into force of this Decree shall continue to be processed until their resolution on the merits without being dismissed due to a change in the challenged norm, and shall be resolved in accordance with the legal regime in force at the moment of their filing.
DECREE by which a section X is declared added to article 116 of the Political Constitution of the United Mexican States, regarding symbols of the states (federal entities).
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which articles 38 and 102 of the Political Constitution of the United Mexican States are amended and added, regarding suspension of rights to occupy a position, employment or commission of the public service.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- Within the 180 calendar days following its entry into force, the Congress of the Union and the Legislatures of the States (Federal Entities) must adjust their Constitutions and any other legislation that is necessary, in order to comply with this Decree.
DECREE by which articles 55 and 91 of the Political Constitution of the United Mexican States are amended, regarding the minimum age to occupy a public office.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. Within the 180 calendar days following its entry into force, the Congress of the Union and the Legislatures of the States (Federal Entities) must adjust their Constitutions and any other legislation that is necessary, in order to comply with this Decree.
DECREE by which the first paragraph of article 65 of the Political Constitution of the United Mexican States is declared amended, regarding periods of ordinary sessions of the Congress of the Union.
First. This Decree shall enter into force on the day of its publication in the Official Gazette of the Federation (DOF).
Second. The duration in office of the federal deputies elected for the LXV Legislature of the Congress of the Union shall be computed from 1 September 2021 and until 31 August 2024.
Third. The duration in office of the senators elected for the LXIV and LXV Legislatures of the Congress of the Union shall be computed from 1 September 2018 and until 31 August 2024.
Fourth. The federal deputies elected for the LXVI Legislature shall hold office for 36 months, computed from 1 September 2024 and until 31 August 2027.
Fifth. The senators elected for the LXVI and LXVII Legislatures shall hold office for 72 months, computed from 1 September 2024 and until 31 August 2030.
DECREE by which the interpretation of the scope of the Third Transitory Article of the "Decree by which various provisions of the Political Constitution of the United Mexican States are amended, added and repealed, regarding the National Guard", published in the Official Gazette of the Federation (DOF) on 26 March of the year 2019, is declared approved.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
DECREE by which various provisions of the Political Constitution of the United Mexican States are amended, added and repealed, regarding the reform of the Federal Judiciary.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The Extraordinary Electoral Process 2024-2025 shall begin on the day of the entry into force of this Decree. In said election the totality of the positions of Ministers of the Supreme Court of Justice of the Nation shall be elected, the vacant magistracies of the Superior Chamber and the totality of the Magistrates of regional chambers of the Electoral Tribunal of the Federal Judiciary (Tribunal Electoral del Poder Judicial de la Federación), the members of the Judicial Disciplinary Tribunal (Tribunal de Disciplina Judicial), as well as half of the positions of Circuit Magistrates and District Judges, in the terms of this article.
The persons who are in office in the positions indicated in the preceding paragraph at the close of the call issued by the Senate shall be incorporated into the lists to participate in the extraordinary election of the year 2025, except when they state the declination of their candidacy prior to the close of the call or are nominated for a different judicial position or circuit. In the event that they are not elected by the citizenry to exercise their office for a new period, they shall conclude their office on the date on which the public officials emanating from the extraordinary election take oath in accordance with the applicable transitory provisions of this Decree.
The Senate of the Republic shall have a period of thirty calendar days following the entry into force of this Decree to issue the call to integrate the lists of the candidates who participate in the extraordinary election to renew the positions of the Federal Judiciary, in accordance with the procedure provided for in article 96 of this Decree, except with respect to the nominations made by the Plenary of the Supreme Court of Justice of the Nation in accordance with the second and third paragraphs of said article, which must be made by a majority of eight votes of its members.
In the case of Circuit Magistrates and District Judges, the election shall be staggered, renewing half of the positions corresponding to each judicial circuit in the extraordinary election of the year 2025 and the remaining part in the federal election of the year 2028, in accordance with the following:
Paragraph amended DOF 02-06-2026
a)To select the positions to be renewed in the extraordinary election of the year 2025, the Federal Judiciary Council shall deliver to the Senate of the Republic a list with the totality of the positions of judicial officers, indicating their judicial circuit, specialization by subject matter, gender, vacancies, resignations and scheduled retirements, and the other information required of it, and
b)The legislative body shall determine the portion of positions to be elected in each judicial circuit considering in the first place the vacancies, resignations and scheduled retirements. The remaining positions shall be selected by public drawing of lots, taking as a basis the renewal of half of the positions that correspond to each specialization by subject matter.
The General Council of the National Electoral Institute (Instituto Nacional Electoral) may issue the agreements it deems necessary for the organization, development, computation, oversight and audit of the extraordinary electoral process of the year 2025 and to guarantee compliance with the applicable constitutional and legal provisions for the federal electoral processes, observing the principles of certainty, legality, independence, impartiality, maximum publicity, objectivity and gender parity. The councilors of the Legislative Branch and the representatives of the political parties before the General Council may not participate in the actions, activities and sessions related to this process.
The electoral ballots shall contain, among other data, the position, the state (federal entity) and, where applicable, the judicial circuit that corresponds to each type of election. They shall bear printed the complete numbered names of the candidates distributed in alphabetical and progressive order beginning with the paternal surname, and indicating the specialization by subject matter where applicable. The list of candidates shall distinguish the nominating authority and the candidacies of the judicial officers who are in office in the positions to be renewed and wish to participate in the election. The ballot shall guarantee that the voters record the candidacy of their choice in accordance with the following:
a)For Ministers of the Supreme Court of Justice of the Nation they may elect up to five women and up to four men;
b)For Magistrates of the Judicial Disciplinary Tribunal they may elect up to three women and up to two men;
c)For Magistrates of the Superior Chamber of the Electoral Tribunal of the Federal Judiciary they may elect up to two women and up to two men;
d)For Magistrates of regional chambers of the Electoral Tribunal of the Federal Judiciary they may elect up to two women and one man for each chamber;
e)For Circuit Magistrates and District Judges they may elect up to five women and up to five men.
The preparation stage of the extraordinary election of the year 2025 shall begin with the first session that the General Council of the National Electoral Institute holds within the seven days following the entry into force of this Decree.
The election day shall be held on the first Sunday of June of the year 2025. The persons or groups accredited by the Institute may participate as observers, with the exception of representatives or members of a political party.
The National Electoral Institute shall carry out the computations of the election, publish the results and deliver the certificates of majority to the candidacies that obtain the greatest number of votes, assigning the positions alternately between women and men, beginning with a woman. It shall also declare the validity of the corresponding election and shall send its results to the Superior Chamber of the Electoral Tribunal of the Federal Judiciary or to the Plenary of the Supreme Court of Justice of the Nation in the case of electoral magistracies, which shall resolve the challenges no later than 28 August 2025.
The persons who are elected shall take oath of their office before the Senate of the Republic on 1 September 2025. The judicial administration body shall assign the elected persons to the judicial body that corresponds no later than 15 September 2025.
Third.- The period of the Ministers of the Supreme Court of Justice of the Nation who are elected in the extraordinary election held in accordance with the provisions of the Second transitory article shall last eight and eleven years, and shall therefore expire in the year 2033 and 2036 for four and five of them, respectively. The periods that correspond to each position shall be determined based on the number of votes obtained by each candidacy, a longer period corresponding to those who obtain the greatest vote.
The foregoing shall not be applicable to the Ministers in office who are elected in the extraordinary election of the year 2025, who shall exercise the office for the period that remains of their original appointment, observing the following:
a)When the period of the appointment concludes in the same year in which the corresponding ordinary federal election is held, the position shall be renewed in that election, the person who is elected taking oath on the day in which the respective appointment concludes, and
b)When the period of the appointment does not conclude in the same year in which the corresponding ordinary federal election is held, the period of the appointment shall be extended for the additional time until the next election.
The Ministers in office whose appointments conclude before the closing date of the call indicated in section I of article 96 of this Decree shall leave office at the end of their original appointment and the provisions provided in articles 94 and 101 of this Decree shall be applicable to them.
The period of the Circuit Magistrates and the District Judges who are elected in the extraordinary election held in the year 2025 in accordance with the Second transitory article of this Decree shall last eight years, and shall therefore expire in the year 2033.
Fourth.- The Magistrates of the Superior Chamber of the Electoral Tribunal of the Federal Judiciary who are in office at the entry into force of this Decree shall remain in their office until the year 2028, concluding on the date on which the public officials emanating from the federal election held for such purpose take oath.
Paragraph amended DOF 02-06-2026
The electoral magistracies of the Superior Chamber that have not been designated by the Senate of the Republic at the entry into force of this Decree shall be renewed in the extraordinary election of the year 2025.
The period of the electoral Magistrates of the Superior Chamber who are elected in the extraordinary election of the year 2025 shall last eight years, and shall therefore expire in the year 2033; while the period of the electoral Magistrates of the Superior Chamber who are elected in the federal election of the year 2028 shall last five years, and shall therefore expire in the year 2033.
Paragraph amended DOF 02-06-2026
The period of the electoral Magistrates of regional chambers who are elected in the extraordinary election of the year 2025 shall last eight years, and shall expire in the year 2033.
The law shall provide for the extinction of the specialized regional chamber of the Electoral Tribunal of the Federal Judiciary no later than 1 September 2025, and therefore its magistracies shall not be renewed in the extraordinary election of the year 2025.
The Magistrates of the Superior Chamber of the Electoral Tribunal of the Federal Judiciary who are in office at the entry into force of this Decree may be eligible for a new period in the federal election held in 2028.
Paragraph amended DOF 02-06-2026
Fifth.- The Federal Judiciary Council shall continue exercising the powers and attributions of administration, oversight and discipline of the Judiciary, with the exception of the Supreme Court of Justice of the Nation, until such time as the Judicial Disciplinary Tribunal and the judicial administration body are created.
The period of the appointments of the Councilors of the Federal Judiciary in office at the entry into force of this Decree that conclude before the date of the extraordinary election of the year 2025 shall be extended until the date on which the Magistrates of the Judicial Disciplinary Tribunal who emanate from the extraordinary election held for such purpose take oath, except when they are elected by the citizenry to integrate the Judicial Disciplinary Tribunal for the period that corresponds, in accordance with the procedure indicated in the Second transitory article of this Decree.
The period of the Magistrates of the Judicial Disciplinary Tribunal who are elected in accordance with this transitory article shall expire in the year 2030 for three of them, and in the year 2033 for the two remaining. The periods that correspond to each position shall be determined based on the number of votes obtained by each candidacy, a longer period corresponding to those who obtain the greatest vote.
The Councilors of the Federal Judiciary who are in office at the entry into force of this Decree may stand for and participate in the extraordinary election of the year 2025 to integrate the Judicial Disciplinary Tribunal or another position of popular election of the Federal Judiciary for the period that corresponds when they comply with the applicable constitutional and legal requirements.
Sixth.- The Judicial Disciplinary Tribunal and the judicial administration body shall begin their functions on the date on which the Magistrates of the Judicial Disciplinary Tribunal who emanate from the extraordinary election held in the year 2025 take oath. On this same date, the Federal Judiciary Council shall be extinguished.
During the transition period referred to in the preceding paragraph, the Federal Judiciary Council shall implement a work plan for the transfer of the material, human, financial and budgetary resources to the Judicial Disciplinary Tribunal with respect to the functions of discipline and internal control of the members of the Federal Judiciary; and to the judicial administration body with respect to its administrative and judicial career functions.
The Federal Judiciary Council shall approve the general and specific agreements required to implement said work plan, in accordance with the periods established therein and in the terms determined by the applicable legal and administrative provisions.
The Federal Judiciary Council shall continue the substantiation of the procedures pending resolution and shall deliver the totality of the files in process, as well as the totality of its documentary collection, to the Judicial Disciplinary Tribunal or to the judicial administration body, as applicable.
The persons who integrate the Plenary of the judicial administration body referred to in article 100 of this Decree must be designated to begin their functions on the same day on which the Magistrates of the Judicial Disciplinary Tribunal take oath. For the designation of the three persons integrating the judicial administration body that correspond to the Plenary of the Supreme Court of Justice of the Nation, the vote of eight of its members shall be required on a single occasion.
Seventh.- The remunerations of the public officials of the Federal Judiciary and of the Judiciaries of the states (federal entities) and of Mexico City who are in office at the moment of the entry into force of this Decree may not be greater than that established for the President of the Republic in the corresponding budget, and therefore they must be adjusted to the parameters established in article 127 of this Constitution in the cases that correspond, without responsibility for the Judiciaries.
The Ministers of the Supreme Court of Justice of the Nation who conclude their office for not standing for election or not having been elected in the extraordinary election of the year 2025 shall not be beneficiaries of a retirement pension, except when they present their resignation from office before the closing date of the call indicated in section I of article 96 of this Decree, which shall have effects as of 31 August 2025; in these cases, the retirement pension shall be proportional to the time of their service.
The foregoing shall not be applicable to the Ministers in office at the entry into force of this Decree whose original appointment concludes before the closing date of the respective call, in which case they shall be adjusted to the terms of this Decree.
Eighth.- The Congress of the Union shall have a period of ninety calendar days from the entry into force of this Decree to make the adjustments to the federal laws that correspond in order to comply with it. In the meantime, the constitutional provisions on the matter shall be applied directly as relevant and, subsidiarily, the laws on electoral matters in all that does not contravene this Decree.
The states (federal entities) shall have a period of one hundred eighty calendar days from the entry into force of this Decree to make the adjustments to their local constitutions. The renewal of the totality of the elected positions of the local Judiciaries must conclude in the federal election of the year 2028, in the terms and modalities that these determine; in any case, the local elections must coincide with the date of the extraordinary election of the year 2025 or of the election of the year 2028.
Paragraph amended DOF 02-06-2026
For the purposes of the organization of the extraordinary electoral process of the year 2025, the provisions of the penultimate paragraph of section II of article 105 of this Constitution shall not be applicable, and therefore the National Electoral Institute shall observe the laws issued in the terms of this Decree.
Ninth.- The procedures that at the moment of the entry into force of this Decree exceed the periods provided in the second paragraph of article 17 and in section VII of article 20 of this Constitution shall observe the procedure established in these.
Tenth.- The labor rights of the employees of the Federal Judiciary and of the states (federal entities) shall be respected in their totality. The budgets of expenditures of the fiscal year that corresponds shall consider the resources necessary for the payment of complementary pensions, medical support and other obligations of a labor nature, in the terms established by the applicable laws or general working conditions. The Circuit Magistrates and District Judges of the Federal Judiciary who conclude their office for having declined their candidacy or not being elected by the citizenry for a new period in accordance with the second paragraph of the Second transitory article of this Decree shall be entitled to the payment of an amount equivalent to three months of integrated wage and of twenty days of wage for each year of service rendered, as well as to the other benefits to which they are entitled, which shall be covered with the federal resources referred to in the following paragraph at the moment of their retirement.
The bodies of the Federal Judiciary and, where applicable, of the states (federal entities), shall carry out the acts and processes necessary to extinguish the funds, trusts, mandates or analogous contracts that are not provided for in a secondary law, and therefore they shall have a maximum period of ninety calendar days following the entry into force of this Decree to deposit the totality of the remaining resources in said instruments, as well as the products and proceeds derived from them, to the Treasury of the Federation or of the states (federal entities), as applicable.
The federal resources referred to in the preceding paragraph shall be concentrated as proceeds in the Treasury of the Federation and shall be destined by the Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) to the implementation of this Decree and to the other purposes that it determines.
Eleventh.- For the interpretation and application of this Decree, the bodies of the State and every jurisdictional authority must adhere to its literality and there shall be no place for analogous or extensive interpretations that seek to render inapplicable, suspend, modify or make nugatory its terms or its validity, whether totally or partially.
Twelfth.- All provisions that oppose this Decree are repealed.
DECREE by which articles 13, 16, 21, 32, 55, 73, 76, 78, 82, 89, 123 and 129 of the Political Constitution of the United Mexican States are amended and added, regarding the National Guard.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- Within the period of 180 days following the entry into force of this Decree, the Congress of the Union must harmonize the legal framework on the matter in order to adapt it to the content of this Decree. While the harmonization of the corresponding legal framework is carried out, the organization and functioning of the National Guard shall continue operating in accordance with the legal provisions in force before the entry into force of this Decree.
Third.- The military and naval personnel that integrates the National Guard shall be reclassified from the Armed Force to which it belongs to said National Guard; the new rank or appointment shall be issued with the seniority that the interested party possesses in their grade, in accordance with the hierarchical scale of the Army and Air Force, adding their new specialty. The rights that the interested party possesses in the Armed Force of their origin must be respected at all times.
Fourth.- The person holding the Command of the National Guard, who must hold the grade of Division General of the National Guard on active duty, shall be designated by the person holding the Presidency of the Republic, at the proposal of the person holding the Ministry of National Defense (Secretaría de la Defensa Nacional).
As long as there is no personnel with National Guard training with the aforementioned rank, said designation shall fall on a Division General of the Army, trained in matters of public security.
Fifth.- The matters that are in process at the entry into force of this Decree shall be resolved in accordance with the legal provisions in force at the moment of the beginning of their processing.
Sixth.- The Federal Executive shall arrange what is appropriate so that:
I.The personnel coming from the extinct Federal Police ceases to render its services in the National Guard and is assigned to the Ministry of the branch of Public Security, conserving its acquired labor rights. The personnel that belongs to the specialized bodies may continue rendering its services in the National Guard temporarily, in accordance with the collaboration agreements formalized for such purpose between the Ministries of National Defense and of Security and Citizen Protection (Secretaría de Seguridad y Protección Ciudadana).
II.The budgetary and financial resources that correspond are transferred to the Ministry of National Defense to cover the expenditures for personal services of the last general staffing table of positions approved for the extinct Federal Police and of trust, as well as the operating expenses of the National Guard and the material resources destined to its operation, with the exception of those required for the personnel that will continue, under the assignment of the Ministry of the branch of Public Security.
As the positions of the members of the extinct Federal Police become vacant, the Ministry of the branch of Public Security must transfer the budgetary resources to the Ministry of National Defense.
III.The naval personnel that currently forms part of the National Guard shall remain integrated in it, in accordance with the reclassification indicated in the Third Transitory provision of this Decree.
Seventh.- The expenditures that are generated by reason of the entry into force of this Decree shall be made against the budgets approved for the responsible spending agencies for the current fiscal year, and therefore no additional resources shall be authorized for such purposes.
Eighth.- As of the entry into force of this Decree, all provisions that oppose its content, established in secondary laws, regulations, agreements and any other of an administrative character, are repealed.
DECREE by which various provisions of article 2o. of the Political Constitution of the United Mexican States are amended, added and repealed, regarding Indigenous and Afro-Mexican Peoples and Communities.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- As of the entry into force of this Decree, all provisions that oppose what is established in this Decree are repealed.
Third.- The Congress of the Union, within a period of one hundred eighty days, counted from the entry into force of this Decree, must issue the general law on the matter and harmonize the legal framework of the laws that correspond, in order to adapt it to the content of this Decree.
Fourth.- The Federal Executive (Poder Ejecutivo Federal) must carry out the reforms to the applicable administrative provisions, in order to ensure respect for and the implementation of the rights of the Indigenous peoples and communities and Afro-Mexican peoples and communities recognized in this instrument; the foregoing, within a period of one hundred eighty days counted from the entry into force of the general law referred to in this Decree.
Fifth.- The authorities of the three orders of government, within the scope of their competence, must carry out the regulatory adjustments that ensure the characteristics of self-determination and autonomy of the Indigenous peoples and communities and Afro-Mexican peoples and communities, within the framework of national unity in the terms established by this Constitution, as well as their recognition as subjects of public law and unrestricted respect for their rights; the foregoing, within a period of one hundred eighty calendar days, counted from the entry into force of this Decree.
Sixth.- The expenditures generated by reason of the amendment made by this Decree shall be made against the resources expressly approved for those purposes by the Chamber of Deputies in the respective expenditure budgets of the corresponding spending entities; in the event that any modification is made to the organic structure of the spending entities, it must be carried out through compensated movements in accordance with the applicable legal provisions, so in no case shall expansions to their expenditure budgets be authorized in the present fiscal year.
Seventh.- The Federal Executive shall provide that the complete regulatory text of this Decree be translated into the languages of the Indigenous peoples and shall order the corresponding dissemination.
Eighth.- For the interpretation of the provisions of this Decree, the provisions of the Political Constitution of the United Mexican States and the international treaties on the matter to which the Mexican State is a party shall be taken into account, as well as the considerations of the opinion.
DECREE by which the fourth paragraph of article 28 of the Political Constitution of the United Mexican States is amended and a fifth paragraph is added, regarding railway tracks and transport.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union shall have a period of one hundred eighty calendar days from the entry into force of this Decree to make the adjustments that result necessary to the corresponding secondary laws, in the terms of this Decree.
Third.- Private individuals that hold concessions to provide the freight railway transport service may obtain concessions to provide the passenger railway transport service. In any case, preference shall be given to the passenger railway transport service, in terms of what the legislation determines.
DECREE by which the fifth paragraph of article 25, the sixth and seventh paragraphs of article 27 and the fourth paragraph of article 28 of the Political Constitution of the United Mexican States are amended, regarding strategic areas and enterprises.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union shall have a term of one hundred eighty calendar days from the entry into force of this Decree to make the adjustments that may be necessary to the corresponding secondary laws, in the terms of this Decree.
Third.- The Transitory Articles of the Decree by which diverse provisions of the Political Constitution of the United Mexican States are amended and added, in Matters of Energy, published in the Official Gazette of the Federation on the twentieth of December of two thousand thirteen, that are contrary to the provisions that are the subject matter of this Decree, are repealed.
DECREE by which the first paragraph of section II of article 107 is amended, and a fifth paragraph is added to article 105, of the Political Constitution of the United Mexican States, regarding the non-challengeability of the additions or amendments to the Federal Constitution.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The matters that are in process shall be resolved in accordance with the provisions contained in this Decree.
DECREE by which articles 4o., 21, 41, 73, 116, 122 and 123 of the Political Constitution of the United Mexican States are amended and added to, regarding substantive equality, gender perspective, the right of women to a life free of violence and the eradication of the wage gap for reasons of gender.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union must harmonize the legal framework corresponding to the matter in order to adapt it to the content of this Decree within a period that shall not exceed 90 days from the entry into force thereof, and must include provisions that determine the scope and allow gradual compliance in accordance with what is approved in the corresponding expenditure budgets, as well as the attributions and obligations necessary to guarantee the rights derived from this Decree.
Third.- The states (federal entities) must harmonize the legal framework corresponding to the matter in order to adapt it to the content of this Decree within a period that shall not exceed 180 days from the entry into force thereof, and must include provisions that determine the scope and allow gradual compliance in accordance with what is approved in the corresponding expenditure budgets, as well as the attributions and obligations necessary to guarantee the rights derived from this Decree.
DECREE by which articles 4o. and 27 of the Political Constitution of the United Mexican States are amended and added to, regarding wellbeing.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- As of the entry into force of this Decree, all provisions that oppose what is established therein are repealed.
Third.- The Congress of the Union, within a period of one hundred eighty calendar days, counted from the entry into force of this Decree, shall approve the laws or legal modifications that this Decree requires.
Fourth.- The legislatures of the states (federal entities) must make the regulatory adjustments necessary to comply with the purposes established in this Decree, within the one hundred eighty calendar days following its publication.
Fifth.- The expenditures generated by reason of this Decree shall be made against the budgetary resources expressly approved for those purposes by the Chamber of Deputies. In the event that any modification is made to the organic structure of the spending entities, it must be carried out through compensated movements in accordance with the applicable legal, budgetary and administrative provisions, so in no case shall expansions to their expenditure budgets be authorized.
Sixth.- The Congress of the Union shall have a period of one hundred eighty days from the publication of this Decree to harmonize the secondary legislation regarding adequate housing.
DECREE by which section XII of Subsection A of article 123 of the Political Constitution of the United Mexican States is amended and added to, regarding housing for working persons.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union shall have a period of one hundred eighty calendar days to make the adjustments that result necessary to the Law of the National Workers' Housing Fund Institute (INFONAVIT).
Third.- With the object of vindicating the social orientation of the Institute, within a period no greater than one hundred eighty calendar days a program of operational efficiency must be implemented that allows a reduction of costs of the National Workers' Housing Fund Institute (INFONAVIT).
DECREE by which articles 3o., 4o. and 73 of the Political Constitution of the United Mexican States are amended and added to, regarding animal protection and care.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union has a period of one hundred eighty calendar days, from the entry into force of this Decree, to issue the General Law on Matters of Animal Welfare, Care and Protection, considering their nature, characteristics and bonds with persons, the prohibition of mistreatment in the breeding, use and slaughter of animals for human consumption and in the use of wildlife specimens in shows for profit, as well as the measures necessary to address pest control and health risks.
Third.- The expenditures generated by reason of the entry into force of this Decree shall be made against the resources expressly approved for those purposes by the Chamber of Deputies of the Congress of the Union in the respective expenditure budgets of the corresponding spending entities, in the present fiscal year, so no additional resources shall be authorized for such effects.
Fourth.- All legal provisions that are contrary to what is established in this Decree are repealed.
DECREE by which various provisions of the Political Constitution of the United Mexican States are amended, added and repealed, regarding organic simplification.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation, except for what is provided in the Tenth transitory article.
Second.- The Congress of the Union shall have a period of ninety calendar days from the entry into force of this Decree to make the necessary adjustments to the corresponding laws in order to comply with it, except for what is provided in the Tenth transitory article.
Regarding the provisions of the third paragraph of constitutional article 134 of this Decree, the legislative adjustments that are made must consider the elimination of the organisms, administrative units or structures that represent duplication of functions, as well as the integration of the deconcentrated and decentralized organs or administrative units into the dependencies of the centralized public administration that may assume their competence.
The Federal Executive must issue the corresponding decrees of extinction in order to comply with article 134, third paragraph, of this Decree.
Third.- The economies and savings generated by the extinction of the public entities that are the subject of this Decree shall be destined to the Pension Fund for Wellbeing (Fondo de Pensiones para el Bienestar) in terms of the applicable legislation.
Fourth.- The Legislatures of the states (federal entities), within the scope of their competence, shall have a maximum period of ninety calendar days counted from the issuance of the legislation referred to in the Second transitory article to harmonize their legal framework regarding access to public information and protection of personal data, in accordance with this Decree.
Fifth.- Once the legislation referred to in the Second transitory article enters into force, the public entities referred to in this Decree shall be understood as extinguished, except for what is provided in the Tenth and Tenth First transitory articles.
The legal acts issued by the National Institute for Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales), the guarantor bodies of the states (federal entities), the National Hydrocarbons Commission (Comisión Nacional de Hidrocarburos), the Energy Regulatory Commission (Comisión Reguladora de Energía), prior to the entry into force of the secondary legislation, shall produce all their legal effects.
In the case of legal instruments, agreements, interinstitutional accords, contracts or equivalent acts, they shall be understood as in force and shall bind, in their terms, the institutions that assume the functions of the public entities that are extinguished, as applicable, without prejudice to the right of the parties to ratify, modify or rescind them subsequently.
The material resources, as well as the registries, rosters, platforms and electronic systems of the public entities that are extinguished in accordance with this transitory article shall become part of the dependencies of the Federal Executive or of the National Institute of Statistics and Geography (Instituto Nacional de Estadística y Geografía), as applicable, in the terms of this Decree and of the secondary legislation issued for that purpose.
Sixth.- The Commissioners of the Energy Regulatory Commission and of the National Hydrocarbons Commission; of the National Institute for Transparency, Access to Information and Protection of Personal Data and of the guarantor bodies of the states (federal entities), who at the entry into force of this Decree continue in their position, shall conclude their functions upon the entry into force of the legislation referred to in the Second and Fourth transitory articles, respectively, except for those whose term of appointment concludes previously.
The same shall happen with the appointments that derive from the body referred to in article 3o., section IX, which is repealed in accordance with this Decree.
When, for purposes of making up the quorum of the public body in question, a new appointment must be made, its duration may in no case exceed the entry into force of the secondary laws.
Seventh.- The labor rights of public servants shall be respected in their totality, in terms of the applicable legislation. The human resources available to the public entities that are extinguished as a consequence of this Decree shall become part of those that assume their attributions, when applicable.
Eighth.- All provisions that oppose this Decree are repealed.
Ninth.- The enabling titles granted by the Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones) shall continue in force in their terms, without prejudice to the concessionaires having to comply with the obligations and considerations that the Federal Executive, in exercise of its attributions, may impose on them.
Tenth.- The modifications to the fifteenth to twentieth paragraphs of article 28 that are amended in this Decree shall enter into force within a period of one hundred eighty days counted from the entry into force of the secondary legislation referred to in the following paragraph.
The Congress of the Union shall issue the secondary laws on matters of competition and free concurrence; and on matters of telecommunications and broadcasting, respectively, for the exercise of the powers provided in article 28 of this Constitution.
The authority on matters of free competition and concurrence shall have legal personality and its own patrimony, shall be endowed with technical and operational independence in its decisions, organization and functioning, and the separation between the authority that investigates and the one that resolves the procedures shall be guaranteed.
Tenth First.- The Federal Economic Competition Commission (Comisión Federal de Competencia Económica) and the Federal Telecommunications Institute shall be extinguished at the moment of the entry into force of this Decree, in accordance with the Tenth transitory article. The acts issued by said organs prior to the entry into force of this Decree, in terms of the Tenth transitory article, shall produce all their legal effects.
The Commissioners of the Federal Telecommunications Institute and of the Federal Economic Competition Commission who continue in their position shall conclude their functions upon the entry into force of this Decree, in terms of the Tenth transitory article.
Tenth Second.- As of the entry into force of this Decree, the parastatal entity called Telecommunications Investment Promotion Agency (Organismo Promotor de Inversiones en Telecomunicaciones) shall be sectorized under the Ministry of Infrastructure, Communications and Transport (Secretaría de Infraestructura, Comunicaciones y Transportes).
DECREE by which the second paragraph of article 19 of the Political Constitution of the United Mexican States is amended, regarding mandatory pretrial detention.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- As of the entry into force of this Decree, all provisions that oppose the content, provided in secondary laws, regulations, accords and any other normative ordinance of an administrative character, are repealed.
Third.- The Congress of the Union, within a period of one hundred eighty days, counted from the entry into force of this Decree, must harmonize the legal framework of the laws on the matters with the content of this Decree.
Fourth.- The legislatures of the states (federal entities) must make the regulatory adjustments necessary to comply with what is provided in this Decree, within the three hundred sixty-five calendar days following the publication of this ordinance.
DECREE by which article 21 of the Political Constitution of the United Mexican States is amended and added to, regarding public security.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- All provisions that oppose what is provided in this Decree are repealed.
Third.- Within a term of ninety calendar days, counted from the publication of this Decree, the Ministry of Security and Citizen Protection (Secretaría de Seguridad y Protección Ciudadana) shall carry out the regulatory harmonization of the corresponding legal instruments.
Fourth.- The expenditures generated by reason of the entry into force of this Decree shall be covered against the budget assigned to the Ministry of Security and Citizen Protection, so no additional budgetary items shall be assigned during the present fiscal year.
DECREE by which a fifth paragraph is added to article 4o. and a second paragraph is added to article 5o., of the Political Constitution of the United Mexican States, regarding protection of health.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- As of the entry into force of this Decree, all provisions that oppose the content, provided in secondary laws, regulations, accords and any other normative ordinance of an administrative character, are repealed.
Third.- The Congress of the Union, within a period of 180 days, counted from the entry into force of this Decree, must harmonize the legal framework of the laws on the matters with the content of this Decree.
Fourth.- The legislatures of the states (federal entities) must make the regulatory adjustments necessary to comply with what is provided in this Decree, within the 365 calendar days following the publication of this ordinance.
Fifth.- The expenditures generated by reason of the entry into force of this Decree shall be made against the budgets approved for the responsible spending entities for the present fiscal year, so no additional resources shall be authorized for such effects.
DECREE by which various provisions of articles 4o. and 27 of the Political Constitution of the United Mexican States are amended and added to, regarding conservation and protection of native maize.
First.- This Decree shall enter into force as of the day following its publication in the Official Gazette of the Federation.
Second.- As of the entry into force of this Decree all provisions that oppose its content, established in secondary laws, regulations, accords and any other normative ordinance of an administrative character, are repealed.
Third.- The Congress of the Union, within a period of 180 days, counted from the entry into force of this Decree, must harmonize the legal framework of the laws on the matters in order to adapt it to the content of this Decree.
DECREE by which the second paragraph of article 19 is amended and the second and third paragraphs are added to article 40 of the Political Constitution of the United Mexican States, regarding strengthening of national sovereignty.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union and the legislatures of the states (federal entities) must make the regulatory adjustments that derive from this amendment within a period no greater than one hundred eighty calendar days, counted from the day following the entry into force of this Decree.
DECREE by which articles 55, 59, 82, 115, 116 and 122 of the Political Constitution of the United Mexican States are amended and added to, regarding non-reelection and electoral nepotism.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. The amendments to articles 55, section VIII; 82, section VIII; 115, section I, first paragraph; 116, second paragraph, sections I, fourth paragraph, subparagraph c), and II, second paragraph, and 122, Subsection A, sections II, first paragraph, III, first paragraph, and VI, third paragraph, subparagraph f), of this Constitution, regarding the prohibition of electoral nepotism, shall be applicable as of the electoral processes, both federal and local, to be held in 2030.
Third. The amendments to articles 59; 115, section I, second paragraph; 116, second paragraph, section II, second paragraph, and 122, Subsection A, section II, third paragraph, and section VI, third paragraph, subparagraph b), of this Constitution, regarding the prohibition of reelection of the public servants mentioned in them, shall be applicable as of the electoral processes, both federal and local, to be held in 2030. Consequently, the persons who in 2030 are holding the public offices referred to in this amendment may not stand as candidates for reelection processes.
Fourth. The Federation, the states (federal entities) and Mexico City must adjust their Constitutions and other corresponding ordinances within a period of one hundred eighty calendar days counted from the entry into force of this Decree.
DECREE by which a second paragraph is added to article 123 of the Political Constitution of the United Mexican States, regarding support for young people.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE by which the tenth paragraph of article 25 and section XXIX-Y of article 73 of the Political Constitution of the United Mexican States are amended, regarding administrative simplification and digitalization.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- Within a period that shall not exceed ninety calendar days following the entry into force of this Decree, the Congress of the Union shall issue the legislation referred to in article 73, section XXIX-Y, of this Constitution.
Third.- The national law referred to in article 73, section XXIX-Y, of this Constitution must consider at least the following:
1.A national model of simplification and digitalization of procedures and services;
2.Establish the national authority on matters of administrative simplification and digitalization of procedures and services, good regulatory practices, development and strengthening of technological and public capacities, and
3.Provide tools for the simplification and digitalization of procedures and services.
DECREE by which subparagraph a) of section XXI of article 73 of the Political Constitution of the United Mexican States is declared amended, regarding extortion.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union must issue the general law on the matter referred to in this Decree, within a period no greater than 180 days counted from the day following its entry into force.
Third.- The legal provisions of the Federation and of the states (federal entities) regarding extortion shall continue in force until the Congress of the Union issues the general law on the matter. In the transitory provision regime of said law the periods and conditions for making the corresponding regulatory adjustments shall be established.
DECREE by which articles 76 and 78 of the Political Constitution of the United Mexican States are amended, regarding ratification of higher ranks of the National Guard.
Sole.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
DECREE by which sections IV and XI of Subsection A of Article 123 of the Political Constitution of the United Mexican States are amended, regarding reduction of the working day.
First.- This Decree shall enter into force on the day of its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union must make the amendments to the secondary legislation within a period of 90 days from the publication of this Decree.
Third.- The duration of the working day referred to in article 123, Subsection A, section IV of this Decree shall be reached gradually, as of 1 January of the corresponding year, in accordance with the following:
Year | Working Day
2026 | 48
2027 | 46
2028 | 44
2029 | 42
2030 | 40
Fourth.- In no case shall the reduction of the working day imply a decrease in the salaries, wages or benefits of working persons.
DECREE by which article 127 of the Political Constitution of the United Mexican States is amended and added to, regarding the limit on retirements and pensions of the Public Entities.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- As of the entry into force of this Decree all retirements or pensions that are not excluded in accordance with section IV of constitutional article 127, and that have been granted prior to the entry into force of this Decree, must be adjusted to the limit established in the second paragraph of said section, including those that are in force.
The public entities referred to in the second paragraph, section IV, of article 127, with the exceptions provided in said section, must review and, as applicable, adjust the contracts, the provisions, the general working conditions and other legal instruments that provide for pension or retirement plans, so that they conform to what is provided in this Decree.
Third.- The retirement emoluments granted in accordance with the constitutional framework in force prior to the entry into force of this Decree shall be preserved in the terms in which they were recognized.
Fourth.- The contributions made by the State to individual accounts or complementary pension or retirement plans of the public servants of the parastatal entities of the Federal Government, of the states (federal entities) and of the municipalities, as of the entry into force of this Decree, shall be subject to the limit provided in the second paragraph of section IV of article 127 of the Constitution.
Fifth.- Within a period no greater than ninety calendar days counted from its entry into force, the Congress of the Union and the Legislatures of the states (federal entities), within the scope of their respective competences, must review and, as applicable, adjust the applicable legal framework, in order to make it congruent with what is provided in this Decree.
Sixth.- The expenditures generated by reason of the entry into force of this Decree shall be covered against the budgets approved for the spending entities that participate in its application, so no expansions of resources shall be authorized for said spending entities in the present fiscal year or subsequent ones, and they may not increase their regularizable budget in personal services or operating expenditure either.
DECREE by which article 115, section I, first paragraph, and article 116, section II, second paragraph, are amended, and a fourth paragraph is added to article 134, with the subsequent ones being renumbered in their order, of the Political Constitution of the United Mexican States.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union and the legislatures of the states (federal entities), within the scope of their competence, shall harmonize their legal framework in order to adapt it to the content of this Decree no later than 30 May 2026.
In the meantime, the constitutional provisions on the matter shall be applied directly as pertinent and, subsidiarily, the laws on electoral matters in everything that does not oppose this Decree.
Third.- As of the fiscal year immediately following the entry into force of this Decree, the annual budget authorized for the Senate of the Republic must be adjusted progressively during the four subsequent fiscal years, with the object of reaching, at the end of said period, an accumulated reduction equivalent to fifteen percent in real terms, with respect to the base budget in force for fiscal year 2026. The reduction may not affect the labor rights of working persons, in accordance with the applicable General Working Conditions.
Fourth.- The National Electoral Institute, the local public electoral bodies and the electoral courts of the states (federal entities) shall review and adjust their normative, administrative and budgetary provisions in order to guarantee compliance with what is provided in this Decree.
The Chamber of Deputies and the legislatures of the states (federal entities), within the scope of their competence, shall guarantee that the budgets of the federal and state public entities and electoral authorities are adjusted to what is provided in constitutional articles 116 and 134, so they shall make in each fiscal year the necessary adjustments to the budgets they integrate, prior to their approval.
Fifth.- The legislatures of the states (federal entities) shall provide the necessary adjustments to their budgets with the object that the reductions that, as applicable, are made in compliance with what is provided in constitutional article 116, take effect as of the beginning of the subsequent legislature in the corresponding state (federal entity).
The Chamber of Deputies, in the corresponding Expenditure Budget, shall make the necessary adjustments to comply with the content of this Decree, as regards the congresses of the states (federal entities) and municipal councils.
Sixth.- The composition of the Municipal Councils established in the provisions of constitutional article 115 shall take effect as of the subsequent municipal administrative period in the corresponding state (federal entity).
The Municipal Councils that, at the entry into force of this Decree, have a number of council seats less than fifteen shall preserve their current composition. Only in the cases where some modification of the composition is required by criteria of population variation or other requirements, it shall be carried out in accordance with what is established in the constitutions and laws of the states (federal entities).
Seventh.- The public resources that result as economies or savings in the annual budgets of the states (federal entities) derived from the reductions that, as applicable, are made to the budgets of the local legislatures and in the composition of the Municipal Councils in accordance with constitutional articles 115 and 116, shall remain in the patrimony of the public treasury of each municipality. The legislatures of the states (federal entities) shall destine these surplus resources to public infrastructure works for the benefit of the population within the corresponding budget, in the terms of the applicable legislation, guaranteeing at all times the principles of legality, honesty, transparency and austerity.
Eighth.- The states (federal entities) whose legislatures, at the entry into force of this Decree, have an annual budget that represents a percentage equal to or less than the limit provided in article 116 of this Constitution, may not authorize, approve or exercise for themselves real budgetary increases with respect to the amount approved for fiscal year 2026, nor increase said proportion with respect to the expenditure budget of the corresponding state (federal entity) in the subsequent fiscal years.
The amount of the annual budget of the Congresses of the states (federal entities) may only be updated in accordance with annual inflation.
They may not approve budgetary expansions, transfers, reassignments, budgetary adjustments, administrative reclassifications or any other mechanism that has as its object or effect to directly increase the budget of the local Congresses above the limit provided in this transitory provision.
The constitutions and laws of the states (federal entities) must be harmonized with what is provided in this transitory provision and establish the institutional mechanisms of control, budgetary discipline and administrative responsibility necessary to ensure its compliance.
Any provision, budgetary determination or act of authority that contravenes what is established in this transitory provision shall be null and void by operation of law.
Ninth.- The provisions that oppose this Decree are repealed.
DECREE by which article 73, section XXI, subparagraph a) of the Political Constitution of the United Mexican States is amended, regarding femicide.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second.- The Congress of the Union must issue the legislation on matters of femicide referred to in article 73, section XXI, subparagraph a), within the 180 calendar days following its entry into force.
Third.- The legal provisions of the Federation and of the states (federal entities) regarding the crime of femicide shall continue in force until the entry into force of the general law on the matter issued by the Congress of the Union. In the transitory provision regime of said law the periods and conditions for making the corresponding regulatory adjustments shall be established.
DECREE amending and adding various provisions of the Political Constitution of the United Mexican States, in the matter of reform to the Judiciary.
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second. The positions of judicial officers of the federal and local Judicial Branches that have not been the object of renewal in the judicial election of the year 2025, as well as the corresponding vacancies, shall be elected without exception in the federal and local judicial elections of the year 2028, in accordance with the provisions of this Decree.
Judicial officers whose term would conclude in the year of the ordinary election of the year 2027 shall remain in office until the year 2028, concluding their term on the date on which the persons emerging from the respective judicial election take the oath of office.
The Magistrates of the Superior Chamber of the Electoral Tribunal of the Federal Judiciary (Tribunal Electoral del Poder Judicial de la Federación) who are in office at the entry into force of this Decree and whose term would conclude in the year 2027 shall remain in office until the year 2028, concluding on the date on which the public officials emerging from the respective election take the oath of office.
Third. The electoral working day of the federal and local judicial elections shall be held concurrently on the first Sunday of June of the year 2028. Persons or groups accredited by the National Electoral Institute (Instituto Nacional Electoral) may participate as observers, with the exception of representatives of political parties.
The Institute shall carry out the tallies of the election, publish the results and deliver the certificates of majority to the candidacies that obtain the greatest number of votes. It shall also declare the validity of the corresponding election and send its results to the Superior Chamber of the Electoral Tribunal of the Federal Judiciary, which shall resolve all challenges in the terms and time periods provided in this Decree.
The persons elected shall take the oath of office before the Senate of the Republic on the first of September of the year 2028. The judicial administration body shall assign the elected persons to the corresponding judicial body no later than the fifteenth of September of that year.
Fourth. The Congress of the Union shall make the necessary adjustments to the legal framework in accordance with this Decree within ninety calendar days following its entry into force. In the meantime, the constitutional provisions on the matter shall be applied directly and, supplementarily, the electoral laws in everything that does not oppose this Decree.
The Legislatures of the states (federal entities) shall make the necessary adjustments to their constitutions to adapt them to what is provided in this Decree within sixty calendar days following its entry into force, and within ninety calendar days in the case of their local laws.
Fifth. Secondary legislation shall regulate the integration, operation and competence of the sections of the Supreme Court of Justice of the Nation provided in Article 94 of this Decree.
Sixth. The Plenary of the Judicial Disciplinary Tribunal of the Federal Judiciary shall issue its Internal Regulations within a period no greater than thirty calendar days following the entry into force of this Decree, which shall regulate its competences, attributions, operation, frequency of its sessions, integration and powers of its commissions and auxiliary organs, including administrative liability proceedings, the evaluation of the performance of the judicial function and labor conflicts.
Seventh. The term of the Circuit Magistrates and the District Judges who are elected in the election held in the year 2028 in accordance with this Decree shall last eight years, and therefore shall expire in the year 2036.
Eighth. All provisions that oppose what is provided in this Decree are repealed.
DECREE adding a subparagraph to base VI of article 41 of the Political Constitution of the United Mexican States, to introduce a new ground for the nullity of elections due to foreign intervention.
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation (DOF).
Second.- The Congress of the Union and the legislatures of the states (federal entities), within their competence, shall harmonize the regulatory framework to adapt it to the content of this Decree, before 5 June 2026.
Third.- The National Electoral Institute (Instituto Nacional Electoral), the local public electoral bodies, the Electoral Court of the Federal Judiciary (Tribunal Electoral del Poder Judicial de la Federación) and the electoral courts of the states (federal entities) shall review and adjust their regulatory and administrative provisions to guarantee compliance with the provisions of this Decree.
Unofficial English translation. The Spanish text published in the Diario Oficial de la Federación (DOF) is the only official text. Articulado does not give legal advice and is not a government website.