AMENDMENT OF ARTICLE 17 OF THE FEDERAL CONSTITUTION TO INCLUDE “CLASS ACTIONS” AS A CONSTITUTIONAL GUARANTY

29/03/2010
Contact:
Jorge Mario Sánchez-DeVanny
jsd@sanchezdevanny.com
Roberto Fagoaga-Fuentes
rfagoaga@sanchezdevanny.com
Gonzalo Buenrostro-Flores
gbuenrostro@sanchezdevanny.com
Cristina Sánchez-Vebber
csv@sanchezdevanny.com

AMENDMENT OF ARTICLE 17 OF THE FEDERAL CONSTITUTION TO INCLUDE “CLASS ACTIONS” AS A CONSTITUTIONAL GUARANTY

The Congress approved on March 25, 2010 amendments to Article 17 of the Federal Constitution to include “class actions” within the text of the constitution. These amendments will now go to the state legislatures for final approval in accordance with the provisions of the constitution.

This constitutional amendment Intends to protect the rights, as a class, of the individuals that previously had to defend themselves individually against actions of suppliers of government or private goods or services, or, in tax matters against the state itself.

By this measure of great importance the interest of a class, heretofore not expressly recognized in existing legislation, can be protected. The scope of protection, terms, procedures, actions and recourses available to the beneficiaries of this constitutional amendment will be set by secondary legislation.