The purpose of this article is to point out some of the constitutional and legal problems that hinder the enforcement of amparo judgments, a subject to which I have devoted some time. Here we set out some of the reflections and conclusions that have been reached. The purpose of this article is to point out some of the constitutional and legal problems that hinder the enforcement of amparo judgments, a subject to which I have devoted some time. Here we set out some of the reflections and conclusions that have been reached.
Table of Contents: 1. Introduction. 2. Presentation of the current legal text and considerations regarding the problems it presents. 2.1. On the enforcement of judgments 2.1.1. General Part on the enforcement of judgments and, in particular, of Amparo judgments 2.1.2. The enforcement of Amparo judgments 2.2. On the execution of Amparo judgments. 2.2.1. Some problems in the execution of Amparo judgments in light of Section XVI of Article 107 of the Constitution. 2.2.2. The threat of removal and prosecution. 2.2.3. Ex officio determination of substitute enforcement by the Supreme Court. 2.2.4. The concept of economic benefits. 2.3. Non-compliance with amparo judgments, the incident of non-enforcement and substitute enforcement. 2.3.1. When it may or must be brought and the parties with standing. 2.3.2. Impossibility of non-compliance. 2.3.3. Judicial resolution, assessment of damages and losses. 2.4. Relevant points. 3. Conclusions. 4. Proposals for legal reform. Table of Contents: 1. Introduction. 2. Presentation of the current legal text and considerations regarding the problems it presents. 2.1. On the enforcement of judgments 2.1.1. General Part on the enforcement of judgments and, in particular, of Amparo judgments 2.1.2. The enforcement of Amparo judgments 2.2. On the execution of Amparo judgments. 2.2.1. Some problems in the execution of Amparo judgments in light of Section XVI of Article 107 of the Constitution. 2.2.2. The threat of removal and prosecution. 2.2.3. Ex officio determination of substitute enforcement by the Supreme Court. 2.2.4. The concept of economic benefits. 2.3. Non-compliance with amparo judgments, the incident of non-enforcement and substitute enforcement. 2.3.1. When it may or must be brought and the parties with standing. 2.3.2. Impossibility of non-compliance. 2.3.3. Judicial resolution, assessment of damages and losses. 2.4. Relevant points. 3. Conclusions. 4. Proposals for legal reform.
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