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CONSTITUTION OF THE UNITED MEXICAN STATES – TRANSITION ARTICLES

TRANSITION ARTICLES

Article 1 - This Constitution will be published immediately, and with the greatest solemnity it will be sworn to defend and protect it in all the Republic; but with the exception of the dispositions relevant to the elections of the Supreme Federal Powers and of the States, it will not come into effect until May 1, 1917. On this date, the Constitutional Congress must be solemnly installed, and receive the oath of office of the citizen who will conduct the next elections for President of the Republic.

Article 2 – The person holding the Executive Power of the Nation, immediately upon the publishing of this Constitution, will call elections for Federal Powers, seeing that these are conducted in such manner that the Congress as constituted in an opportune time sees fits, making the count of the votes cast in the presidential elections, may declare who is the person designated as the President of the Republic, to achieve compliance with the disposal in the previous article.

Article 3 – The next constitutional period for marking the terms of deputies and senators shall begin on the previous September 1, and for the President of the Republic, on December 1, 1916.

Article 4 – The senators who in the last elections received the second greatest number of votes will last for two years in the exercise of their offices, so the Chamber of Senators may turn over by half every two years.

Article 5 – The Congress of the Union will select the magistrates of the Supreme Court of Justice in May this year, so that this high body may be solemnly installed on June 1.

Article 6 – The Congress of the Union will have an extraordinary period of sessions beginning on April 15, 1917, to set itself up as an Electoral College, make the count of votes and certify the election of President of the Republic, making the respective declaration, and, besides, to make the Organic Law of Circuit and District Courts and the Organic Law of the Courts of the Federal District and Territories, as well as make all the laws by which it will consult with the Executive Power of the Nation. The laws about the courts will enable the Supreme Court of Justice of the Nation to name circuit magistrates, and district judges immediately, and the Congress of the Union to select magistrates and judges of first instance of the Federal District and Territories. The judges and magistrates named will take possession of their offices before July 1, 1917, replacing those persons named by the Executive of the Union who are currently in these posts.

Article 7 – At this time, the count of the votes for senators will be made by the Elections Board of the First Electoral Authority of each State and the Federal District, which will be formed for the counting of the votes for deputies, and issue the corresponding credential to the senators who are elected.

Article 8 – The Supreme Court of Justice of the Nation will resolve the cases of relief which are now pending, subject to the laws currently in force.

Article 9 – The citizen who is First Chief of the Constitutionalist Army, holding the Executive Power of the Union, is empowered to dispatch the Electoral Law, conforming to what must be done at this time to conduct the elections to form the Powers of the Union.

Article 10 – Those who have figured in the government in rebellion against the legitimacy of the Republic, or cooperated with the rebellion, who continue to take arms, employment, or duties with the factions that have attacked the Constitutional Government, will be judged by the laws in force, as long as they were not pardoned by these laws.

Article 11 – While the Congress of the Union and legislatures of the States make laws about agrarian and labor problems, the bases established by this Constitution for these laws will come into force in all the Republic.

Article 12 – The Mexicans who served in the Constitutionalist Army, their sons, daughters, and widows, and the other persons who have given services to the cause of the Revolution or to public institutions, will have preference in the acquiring of fractions to which Article 27 refers, and the right to the discounts that the laws will specify.

Article 13 – All debts contracted by workers by reason of work with their employers, or with their employers’ families or intermediaries, before the date of this Constitution, are hereby fully canceled.

Article 14 – The Secretariat of Justice is hereby eliminated.

Article 15 – The citizen charged with the Executive Power of the Union will be enabled to enforce the law of civil responsibility applicable to the authors, accomplices, and concealers of the crimes committed against constitutional order in the month of February 1913, and against the Constitutional Government.

Article 16 – The Constitutional Congress in the ordinary period of its sessions, which will begin on the 1st of September of this year, will make all the organic laws of the Constitution that were not made in the extraordinary period to which transitory Article 6 refers, and will give preference to the laws relative to individual guarantees, and articles 30,32, 35, 36, 38, 107, and the final part of Article 111 of the Constitution.

Article 17 – The deputies who were elected to the 54th and 55th Legislatures of the Congress of the Union will remain in office from September 1, 1988 to October 31, 1991.

The houses of worship, and other goods that, conforming to section II of Article 27 of the Political Constitution of the United Mexican States, will maintain their current juridical status.

Article 18 – Deleted

Article 19 – Deleted

Transitory Articles of Decree

(Published in the Official Diary of the Federation of April 6, 1990)

First – This decree will enter into force on the day following its publication in the Official Diary of the Federation.

Second – In cases where the service of the National Citizen Registry is not established, citizens must register themselves on the electoral rolls.

Third – The deputies elected to the 54th Legislature of the Congress of the Union will hold office until October 31, 1991.

Fourth – The senators elected for three years to the 54th Legislature will remain in their offices until October 31, 1991. The senators elected for six years to the 54th and 55th Legislatures of the Congress of the Union will last in their functions until October 31, 1994.

Fifth – The Permanent Commission will consist of 37 members in the terms of Article 78 of this Constitution, at the start of the first recess of the 54th Legislature of the Honorable Congress of the Union.

Sixth – Until the new regulating law in electoral matters is passed by the Congress of the Union, the Federal Electoral Code will continue in force.

Transitory Articles of Decree

Published in the Official Diary of the Federation of June 27, 1990

First Article – The present decree will enter into force on the day following its publication in the Official Diary of the Federation.

Second Article – In what is made according to the new applicable standards, institutions of banking and credit and branches in Mexico of foreign banks who operate by concession of the Federal Government will continue to be regulated by the legal dispositions and regulations in force.

TRANSITORY ARTICLES OF DECREE OF CHANGES PUBLISHED IN THE OFFICIAL DIARY OF THE FEDERATION OF JANUARY 6, 1992.

FIRST ARTICLE – The present Decree will enter into force on the day following its publication in the Official Diary of the Federation.

SECOND ARTICLE – Upon the entry into force of this Decree, and while the regulating legislation in agrarian matters has not been changed, their dispositions will continue to be applied, including those relative to the authorities and instances in these areas, and to the internal organization of communes and communities, as long as they do not oppose what is established in this Decree.

THIRD ARTICLE – The Secretariat of Agrarian Reform, the Agrarian Consultative Body, the mixed agrarian commissions, and other authorities in these areas, will continue to relieve themselves of the affairs that they currently have in terms of matters of use or granting of ownership of lands, forests, and waters; creation of new centers of population; and restitution, recognitions, and titles of communal goods; in conformance with the legal dispositions that regulate these questions, and that come into force at the moment that the present Decree comes into force.

Those concerned with the affairs mentioned above already, as well as those who have not given definite resolutions at the moment that the agrarian courts have entered into their functions, will put these affairs into an intermediate state of resolution, and turn them into affairs by which, conforming to their organic law, will be definitely resolved, in conformance with the legal dispositions to which the previous paragraph refers.

The other affairs of agrarian nature that are in process, or are presented upon the entry into force of this Decree, and that conform to the law that is passed on the areas of responsibility of the agrarian courts, will be turned over to those persons that will enter into their functions at this time, to resolve the affairs definitely.

Transitory Articles of Decree

(Published in the Official Diary of the Federation of January 28, 1992, by Which Addition to Article 102 Is Made)

Article 1 – The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Article 2 – While the organisms of protection of human rights in the States are being established, the National Commission of Human Rights may receive complaints that should be of state and local concern.

The States that now have these organisms will receive the complaints not yet resolved that have been presented before the National Commission in a term of 30 natural days counted from the date of publication of the decree in the Official Diary of the Federation.

The legislatures of the States will have one year from the publication of this decree to establish organisms of protection of human rights.

Transitory Articles of Decree by Which Articles 28, 73, and 123 Are Changed

(Published in the Official Diary of the Federation of August 20, 1993)

Transitory Articles

First – The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Second – While the law of central banking, which is regulating law ofArticle 28 of this Constitution is being made, the Organic Law of the Bank of Mexico will continue in effect.

Transitory Article of Decree by Which Addition to Section III of Article 82 Is Made

(Published in the Official Diary of the Federation of August 20, 1993)

Transitory Article

First- The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Transitory Articles of Decree by Which Articles 65 and 66 Are Changed

(Published in the Official Diary of the Federation of September 3, 1993)

Transitory Articles

First – The present decree will become effective on the date following its publication in the Official Diary of the Federation.

Second – The ordinary period including November and December of the year 1993 and the ordinary periods of the year 1994 will be held in agreement with the dates that were stated in the terms of the decree of changes published on April 7, 1986.

Third – Beginning March 15, 1995, the periods of ordinary sessions will be held in agreement with the dates established by the present decree.

Fourth – The deputies who are elected to the 56th Legislature of the Congress of the Union will remain in office from November 1, 1994 to August 31, 1997.

Fifth – The senators who are elected 56th and 57th Legislatures of the Congress of the Union will remain in office from November 1, 1994 to August 31, 1997.

The senators elected in 1997 will last in their functions from November 1 of that year until August 31, 2000.

Transitory Articles of Decree by Which Articles 41, 54, 56, 60, 63, 74 and 100 Are Changed

(Published in the Official Diary of the Federation of September 3, 1993)

Transitory Articles

First – The present Decree will become effective on the date of its publication in the Official Diary of the Federation.

Second – The current Magistrates of the Federal Electoral Tribunal selected by the Chamber of Deputies of the Congress of the Union will remain in their posts, according to the decree published in the Official Diary of the Federation of October 3, 1990.

Third – In the federal election of 1994, for each state and the Federal District, two senators of plurality and one of primary minority will be elected to the 56th and 57th Legislatures of the Congress of the Union, who will take office on the 1st of November of 1994, to the date of end from the decree of the last legislature given there. For this election, political parties must register with a list with two candidates in each federated election of 1997, one senator will be elected to the 57th Legislature for each state and the Federal District by plurality vote who will remain in office from November 1, 1997, until the date that the Legislature ends. For this election, political parties must register one list with one state of candidates in each federated entity.

Fourth – Federal deputies to the 56th Legislature will remain in office from the 1st of November of 1994 to the date that this Legislature ends.

Fifth – The federal election to make the 56th Legislature of the Chamber of Deputies of the Congress of the Union, will be conducted with its bases on the distribution of single electoral districts and the five multiple electoral areas into which the country was divided for the federal electoral process of 1991. For the federal election of 1997, the new distribution of single electoral districts will be made on the basis of the definite results of the general census of population of 1990.

Sixth – All dispositions that oppose the changes established in the present decree are repealed.

Transitory Articles of Decree by Which Articles 16, 19, 20, and 119 Are Changed, Published in the Official Diary of the Federation of September 3, 1993

Transitory Articles

First – The present decree will become effective on the day following its publication in the Official Diary of the Federation, with the exception of the disposal in the Second Transitory Article.

Second – The disposal in the first paragraph of constitutional Article 20mentioned in the present decree, will take effect in a year counted from the date of the present publication.

Transitory Articles by Which Articles 31, 44, 73, 74, 79, 89, 104, 105, and 107 Are Changed, As Well As Section IX of Article 76 and the First Paragraph of 119, and Section XVII of Article 89 are Repealed

First – The present Decree will become effective thirty days after its publication in the Official Diary of the Federation, except for the disposals in the following transitory articles.

*** (NOTE: Section VI of Article 73 was repealed between 9/3/93, 12/31/96. Powers of the Assembly are now specified in Article 122. -Tr.) ***

Second – The Assembly of Representatives of the Federal District to be elected for the period of November 1991 to November 1994 will continue having the powers established in section VI of Article 73 of this Constitution, in force at the moment that the present Decree takes effect.

Third – The 3rd Assembly of Representatives of the Federal District will have the powers that the present Decree gives it, and will be as it is from the period beginning November 15, 1994, and concluding September 16, 1997.

Fourth – Beginning on March 15, 1995, the ordinary periods of sessions of the Assembly of Representatives of the Federal District will be held according to the dates established by the present Decree.

Fifth – The first nomination for the office of Head of the Federal District in the terms of this decree, will be confirmed in the month of December 1997, and the respective constitutional period will conclude on December 2, 2000.

Sixth – The councils of citizens by territorial area will be selected and installed in 1995, conforming with what is given in the Statute of Government and the respective laws.

Seventh – Public servants employed by the Federal District and its dependencies will keep all their rights of work.

Eighth – Initiatives of laws of income, and decrees of the budget of spending of the Federal District for the years 1995, 1996, and 1997, as well as the public accounts of 1994, will be reviewed by the Chamber of Deputies of the Congress of the Union.

Ninth – While the methods and dispositions that coordinate the fiscal system between the Federation and the Federal District are changed, the standards that currently regulate these matters will continue to apply.

Tenth – While the new standards applicable to the Federal District are being made, the legal and regulatory dispositions now in effect will remain in force.

Eleventh – The Congress of the Union will keep the power to legislate, in the local area, on matters of common, civil, and penal order for the Federal District, while the appropriate orders of federal character are made. When these orders come into effect, the Assembly of Representatives may legislate on these matters, in the terms of the present decree.

Hall of Sessions of the Permanent Commission of the Congress of the Union, Mexico City, on October 20, 1993. Senator Emilio M. Gonzalez, President-Senator Antonio Melgar Aranda, Secretary-Deputy Ma. Luisa Urrecha Beltran, Secretary-(Signatures).

In compliance with what is given by Section I of Article 89 of the Political Constitution of the United Mexican States and for its necessary publication and observance, I make the present decree in the residence of the Federal Executive Power, in Mexico City, Federal District on the twenty-first day of the month of October of the year nineteen hundred ninety-three -Carlos Salinas de Gortari-(Signature). The Secretary of the Interior, Jose Patrocinio Gonzalez Blanco Garrido-(Signature).

(The transitory articles of 1994 are from the posting of Georgetown University’s Political Database of the Americas.)

Transitory article published in the Official Diary of the Federation,

April 19, 1994

Only article. The eighth, ninth, seventeenth, and eighteenth paragraphs of Article 41 of the Political Constitution of the United Mexican States are changed to read as follows:

I. (Without naming it, the organization is assigned to a federal authority, given juridical personality and its own resources. Elsewhere, it is named the Federal Electoral Institute (IFE).)

II. (What the electoral authority will be like, and that it will be directed by electoral council members named by the legislative and executive powers, and by political parties.)

III. (Creates the Federal Elctoral Tribunal, and specifies its attributes.)

IV. (Nominations of the electoral council members must be approved by two thirds of the Chamber of Deputies, before the members are seated.)

Transitory article published in the Official Diary of the Federation,

July 1, 1994

Only article. Article 82, section I of the Political Constitution of the United Mexican States is changed to be as follows.

I. To be a Mexican citizen by birth, son of a Mexican father or mother who have resided in the country for at least twenty years;

(Note: The section letters in the following article are added to make the summaries of the changes in each article easier to follow. They were not in the original text. -Tr.)

Transitory article published in the Official Diary of the Federation,

December 31, 1994

Only article. The present decree will enter into force on December 31, 1999.

Three paragraphs are added to Article 21, section V of Article 55 is changed, section XXIII of Article 73 is reinstated, sections II and VIII ofArticle 76 are changed, sections II, IX, XVI, and XVIII of Article 89 are changed, the second paragraph of Article 93 is changed; the first, second, and fifth paragraphs of Article 94 are changed and an eleventh is added; sections II, III, and V of Article 95 are changed, and section VI and a final paragraph will be added to it; articles 96, 97, 98, 99, 100, and 101 are changed; the first, third, and fifth paragraphs of Article 102, part A are changed, and a last paragraph is added to it; sections II and III of Article 103 are changed, section IV of Article 104 is changed, articles 105 and 106 are changed; the last paragraph of section V, the first and last paragraphs of section VIII, section XI, the first and second paragraphs of section XII, the first paragraph of XIII, and all of XVI ofArticle 107 are changed; the third paragraph of Article 108 is changed, the first and second paragraphs of Article 110 are changed, the first and fifth paragraphs of Article 111 are changed, the third paragraph of Article 116 is changed and the fifth is deleted, and the numbering of the article into parts has changed; the third base of Part C of Article 122has changed and additions made to it, and the second paragraph of part B of Article 123 has been changed. The Political Constitution of the United Mexican States is to be as follows:

I. (Article 21 emphasizes that public security is a function of all governmental agencies in Mexico.)

II. (Article 55 now says that ministers of the Supreme Court of Justice, as well as cabinet secretaries, must leave their posts 90 days before the elections, if they run for elective office.)

III. (Article 73 - The Congress may make laws to establish the bases for government agencies to cooperate in public security matters.)

IV. (Article 76 - The Senate now is authorized to approve the nominations for attorney general, and Supreme Court ministers in this article.)

V. (Article 79 - The Permanent Commission no longer may receive an oath of office from a new member of the Supreme Court of Justice, but may now approve a nomination for attorney general.)

VI. (Article 89 - The President of the Republic now must get the Senate’s approval for nominations for attorney general, and must have the Senate approve nominees for the Supreme Court from a short list.)

VII. (Article 93 - The chambers of the Congress no longer have the power to set up commissions to investigate the functioning of state businesses.)

VIII. (Article 94 - The Supreme Court of Justice has been reduced from 21 to 11 ministers. Terms are for 15 years, nonrenewable instead of 6 years, renewable.)

IX. (Article 95 - Ministers of the Supreme Court now must have been in the legal profession for 10 years instead of five. They must not have held major offices for a year before their selection.)

X. (Article 96 - How the Senate will confirm the nomination of ministers of the Supreme Court of Justice by the President of the Republic;)

XI. (Article 97 - Creates a Council of the Federal Judiciary, and says that it will staff and oversee the lower courts, as the Supreme Court did in the past;)

XII. (Article 98 - Vacancies of the Supreme Court of Justice now remain until the Senate is in session again.)

XIII. (Article 99 - Changes how resignations and leaves of ministers of the Supreme Court are handled.)

XIV. (Article 100 - The Council of the Federal Judiciary now oversees all courts except the Supreme Court of Justice of the Nation.)

XV. (Article 101 - As others in the Mexican judiciary, the members of the Council of the Federal Judiciary may not hold other employment while they are serving in their offices.)

XVI. (Article 102 - Minor changes in what the Attorney General of the Republic does;)

XVII. (Article 103 - Federal courts now have jurisdiction over acts of federated entities that infringe on federal jurisdiction.)

XVIII. (Article 104 - Says that the Supreme Court of Justice will have exclusive jurisdiction over the cases that come before it, in terms of the next article.)

XIX. (Article 105 - Lists the types of cases that the Supreme Court will get to know.)

XX. (Article 106 - Enables the Federal District’s judical problems to come before the Supreme Court, on an equal footing with those of the states.)

XXI. (Article 107 - Enables the Supreme Court to receive cases upon petition of a Collected Circuit Tribunal, or to review cases decided upon by individual circuit judges.)

XXII. (Article 108 - Members of state councils of the judiciary, in addition to other state officials, are responsible for mishandling federal funds.)

XXIII. (Article 110 - In addition to other federal officials, members of the federal and Federal District councils of the judiciary, and electoral officials, are subject to political judgment.)

XXIV. (Article 111 - If members of the federal and Federal District councils of the judiciary, and electoral officials, become objects of political judgment, they will be treated in the same way as other federal officials.)

XXV. (Article 122 - The article establishes a council of the judiciary for the Federal District.)

XXVI. (Article 123 - Says that the Council of the Federal Judiciary will resolve most labor conflicts between federal courts and their employees.)

Transitory articles (to accompany the changes of December 31, 1994)

First. The present decree will enter into force on the day following its publication in the Official Diary of the Federation, with the exception of the disposal in the eighth and ninth articles to follow.

Second. The current ministers of the Supreme Court of Justice of the Nation will conclude their functions upon the entry into force of this decree. They will receive a pension equal to what is given for cases of forced retirement in the “Decree That Establishes the Causes of Forced or Voluntary Retirement of Ministers of the Supreme Court of Justice of the Nation”.

The ministers listed in the last paragraph will not have the restrictions to which the last paragraph of Article 94, and the third paragraph of Article 101, changed by virtue of the present decree, refer.

Upon returning to the exercise of their functions, in conformance with the procedure given in Article 96 changed by virtue of this decree, the benefit given them in the first paragraph will be suspended, during the time in which they resume their functions.

Third. For the nomination and approval of the first ministers who will make up the Supreme Court of Justice of the Nation, conforming to the changes given in the present decree, the head of the Federal Executive will submit the names of 18 persons to the Chamber of Senators, from whom the Chamber will name 11 ministers with the vote of two thirds of its members, when it is in session.

Fourth. To implement the changes in the first paragraph of Article 97, the law that regulates the selection, salary, promotion, and dismissal of the members of the Federal Judicial Power will list the cases and procedures that must be resolved according to sections I, II, and III ofArticle 109 of this Constitution.

The Chamber of Senators, after the persons proposed have appeared before it, will make its selection within the term of thirty natural days, which cannot be extended.

The period of each of the first eight will last until the last day of November of the year 2003, of 2006, of 2009, and of 2012 for two of each, respectively, and of 2015, for the last three. Upon approving the nominations, the Senate must specify which periods apply to which ministers.

Once at least seven ministers are approved, there will be a solemn opening and installation session, at which the president of the Supreme Court of Justice of the Nation will be designated.

Fifth. The circuit magistrates and district judges selected for the first time for the Council of the Federal Judiciary, will be members for a period that will last until the last day of November of the year 2001. The period of one of the council members designated by the Senate and the one designated by the Executive, will last until the last day of November of 1999, and that of the remaining members will last until the last day of November of the year 1997. The Senate and the Federal Executive must designate its representatives to the council within thirty natural days following the entry into force of this decree, and indicate which of the periods each council member will have.

The council will be installed once five of its members are named. One of these will become its president immediately.

Sixth. As the new Supreme Court of Justice of the Nation and the Council of the Federal Judiciary are being installed, in the terms of the third and fifth transitory articles above, the last Commission of Government and Administration of the old Court will exercise the functions of management, and handle the administrative affairs of, the Judicial Power of the Federation. In that way, what is specified in the second transitory article will be applicable, in its case, to the members of the Commission here, once the new Supreme Court of Justice has been formally installed, in terms of the disposal in the present decree.

It is the responsibility of this Commission to convene the solemn session of opening and installation to which the third transitory article refers, as well as take the means necessary for conducting the first vote to select council members from among the circuit magistrates and district judges, which will be done in the days immediately following when this decree takes effect.

The Commission will cease to exist once it has conducted the affairs according to what is in the last paragraphs, to help install the Supreme Court and the Council of the Federal Judiciary, when they have come into place.

Seventh. The magistrate, the judge of first instance, and the justice of the peace selected for the first time to the Council of the Judiciary of the Federal District, will be council members for a period that will last until the last day of November 1999. The other council members will serve until the last day of November in the year 1997. The Assembly and the head of the Department must designate their representatives to the council within thirty natural days following the entry into force of the present decree, and will indicate which periods correspond to which council members.

The council will be installed once five members are named to it.

The Whole of the Superior Tribunal of Justice will continue in charge of the administrative affairs of the judiciary, until the council has been constituted. At the same time, it will take the means necessary to conduct the selection of the magistrate and judge of the first instance who will be council members, which will be done in the days immediately following when this decree takes effect.

Eighth. The changes to Article 105 will enter into force on the same date that the corresponding regulating law takes effect.

Ninth. The processes to which the changed articles refer, initiated beforehand, will continue to be handled according to the dispositions in force when the present decree takes effect.

Tenth. Labor conflicts between the Judicial Power of the Federation and its servants that arose beforehand, will continue to be handled according to the dispositions in force. When the present decree comes into effect, the Council of the Federal Judiciary or the Supreme Court of Justice, once they are installed according to the third and fifth transitory articles above, will handle these conflicts.

Eleventh. The legal and regulating dispositions and general accords based upon the constitutional precepts that are changed by the present decree, will continue in force when these changes take effect, which do not oppose these changes.

Twelfth. The labor rights of the public servants of the Judicial Power of the Federation will be respected totally.

Transitory articles of the changes of August 22, 1996

First. The present Decree will enter into force on the day following its publication in the Official Diary of the Federation, with the exception of what is given in the following articles.

Second. The additions contained in section II of Article 105 from the present decree will refer only to the electoral legislation of the States, which by the calendars of their processes in effect before April 1, 1997, will enter into force beginning January 1, 1997.

For federal and state electoral legislation made before April 1, 1997 with the motive of implementing the changes contained in the present decree, for this occasion only, the term specified in the fourth paragraph of section II of Article 105 will not apply.

The actions of unconstitutionality that may have as their object, to establish a possible contradiction between a general electoral standard and the Constitution, which are exercised according to the terms inArticle 105, section II and this decree, will be subject to the following special dispositions:

A) The term to which the second paragraph of section II of the mentioned article refers, for the exercise of these actions, will be fifteen natural days, and;

B) The Supreme Court of Justice of the Nation must resolve the action in a term no greater than fifteen working days, counted from when the action was presented to it initially.

The changes to Article 116 contained in the present decree will not apply to the constitutional and legal dispositions of the States which must conduct electoral processes that have started, or will start, before January 1, 1997. In these cases, they will have a year from the end of these electoral processes, to adjust their constitutional guidelines according to the constitutional and legal precepts given here.

All other States to which the exception does not apply, must adjust their constitutional and legal guidelines according to Article 116 as modified by the present decree, within six months from when this decree has entered into force.

Third. The president and executive secretary of the General Council of the Federal Electoral Institute, as well as the eight new council members, and their alternates who will substitute for the current council members, who may not be selected again. Until nominations are made, or the law on electoral matters is changed, the General Council of the Federal Electoral Institute will continue exercising its responsibilities and functions, that the Federal Code of Electoral Institutions and Procedures gives it currently.

Fourth. In the federal election of 1997 to be held for the Fifty-seventh Legislature, thirty-two senators according to the principle of proportional represenation, by means of a list voted from one national multiple electoral area. They will last in their functions from November 1, 1997 to the date that the last Legislature mentioned above concludes. The assignments will be made by means of a formula that takes into account the percentagee of the vote each party got for its list, and which non-winning parties had the most votes overall, and will be made from the lists in descending order. The second paragraph of the third article of the transitory articles of decree of September 2, 1993, published in the Official Diary of the Federation the next day, by which articles 41, 54,56, 60, 63, 74, and 100 of this Constitution were changed, is repealed.

Fifth. The new electoral magistrates must be designated no later than October 31, 1996. For this time, they will require a vote of three fourths of the members of the Chamber of Senators present, to be selected.

Sixth. While the corresponding laws are made or changed, the Federal Electoral Tribunal will continue to exercise the responsibilities and functions that the Federal Code of Institutions and Electoral Procedures gives it currently.

Seventh. The Head of Government of the Federal District will be elected in the year of 1997, and exercise the office for only this time, until the 4th of December of the year 2000.

Eighth. The standard that determines the ability to make the dispositions that govern the local elections in the Federal District, specified in clause F) of section V of the first base of part C of Article 122 of this Constitution as changed by this decree, will enter into force on January 1, 1998. For the election in 1997 of the Head of Government and deputies to the Assembly of the Federal District, the Federal Code of Electoral Institutions and Procedures will apply.

Ninth. Requisite A, to which the second base of part C of Article 122refers, which prohibits any individual from becoming Head of Government if he or she has discharged the office in any character before, shall be understood to be applicable to all citizens who have led this organ, no matter under what denomination they held the office in the past.

Tenth. The disposal in section II of the third base of part C of Article 122, which refers to the election of the leaders of the political-administrative organs of the territorial demarcations of the Federal District, will enter into force on January 1, 2000. In 1997, they will be elected in indirect form, in the terms that the law specifies.

Eleventh. The standard that establishes the power of the Legislative Assembly of the Federal District to make laws in civil and criminal matters for the district, will take effect on January 1, 1999.

Twelfth. Land and buildings located in the Federal District, that are used for the services that the Federal Powers give, as well as any other possessions that affect the use of these, will continue under federal jurisdiction.

Thirteenth. All directives that have regulated the local organs in the Federal District to date, will continue in force until the new organs that must substitute for them are in place, conforming to the dispositions and bases specified in this decree.

Hall of Sessions of the Permanent Commission of the Honorable Congress of the Union, Mexico, D.F., August 21, 1996 – Sen. Fernando Ortiz Arana, president. Dep. Martina Montenegro Espinoza, secretary. Sen. Francisco Xavier Salazar Saenz, secretary. -Signatures.

In compliance with the disposal of section I of Article 89 of the Political Constitution of the United Mexican States, and for its necessary publication and observance, I make the present decree in the residence of the Federal Executive Power in Mexico City, Federal District on the twenty-first day of the month of August of nineteen ninety-six, Ernesto Zedillo Ponce de Leon, -signature. The Secretary of the Interior, Emilio Chuayffet Chemor, -signature.

Transitory articles of decree of March 5, 1997, published in the Official Diary of the Federation on March 20 of the same year, by which section II is changed, the previous section III becomes IV and a new section III is added, to part A of Article 30, section II of part B of Article 30 is changed; Article 32 is changed; the previous Part B becomes C, and a new Part B is added, and a new Part C is added to Article 37, all in the Political Constitution of the United Mexican States.

Transitory Articles

First. The present decree will enter into force in the year following its publication in the Official Diary of the Federation.

Second. Who has lost his or her Mexican nationality by birth, by having acquired a foreign nationality, and is in full exercise of his or her rights, may benefit from the disposal in constitutional Article 37, part A, changed by virtue of the present decree, if he or she applies to the Secretariat of Foreign Relations within five years after this decree enters into force.

Third. The previous dispositions in force as of the date on which this decree becomes effective will continue to apply, with respect to Mexican nationality, to those born or conceived during the time they were in force.

Fourth. Such matters as the Congress of the Union has made the corresponding dispositions in questions of nationality will continue to remain in force, as long as they do not oppose the present decree.

Fifth. The last paragraph of Part C of Article 37 will become effective on the day following its publication in the Official Diary of the Federation.

Only article of February 3, 1999, published in the Official Diary of the Federation on February 26 of the same year, by which the third transitory article is changed, by decree by which articles 30, 32, and 37 of the Political Constitution of the United Mexican States were changed, published in the Official Diary of the Federation on March 20, 1997, to be as follows:

Third article. The dispositions effective previous to the entry into force of this decree will continue to apply to those born or conceived while they were in force, only to those who were favored by them, without prejudice to those who benefit from the change contained in the present decree.

Transitory Article

Only. This change will become effective the year following its publication in the Official Diary of the Federation.

Transitory article of decree of February 3, 1999, published in the Official Diary of the Federation on March 8 of the same year, by which the second paragraph of Article 16 is changed; the first paragraph is changed; a second paragraph is added and the two subsequent paragraphs become the third and fourth paragraphs of Article 19; a third paragraph is added to Article 22 and the subsequent becomes the fourth paragraph; the first paragraph is changed and a third paragraph added to section XIII of Part B of Article 123, all of the Political Constitution of the United Mexican States.

Transitory Article

Only. The present article will become effective on the day following its publication in the Official Diary of the Federation.

Transitory articles of decree of June 9, 1999, published in the Official Diary of the Federation on June 11 of the same year, by which the first and sixth paragraphs of Article 94, the last paragraph of Article 97, the first, second, third, fifth, seventh, eighth, and ninth paragraphs of Article 100, and section IX of Article 107 are changed, a second paragraph is added to Article 94, resulting in the previous second to tenth paragraphs becoming the third to eleventh; and a third paragraph is added to Article 100, resulting in the previous third to ninth paragraphs becoming the fourth to tenth, all of the Political Constitution of the United Mexican States.

First. The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Second. The current members of the Council of the Federal Judiciary, with the exception of the president of the Council, will conclude their functions at the entry of the present decree into force.

The whole of the Supreme Court of Justice, the Senate, and the Federal Executive must designate members of the Council of the Federal Judiciary, in conformance with changed constitutional Article 100, no less than 30 natural days following the entry into force of the present decree.

For one time, the terms of the members of the Council designated by the Supreme Court of Justice will end the last day of November 2002, 2004, and 2006, those designated by the Senate the last day of November of the years 2003 and 2007, and the member designated by the Executive, the last day of November 2005. In designating the members of the Council, it must be specified which periods belong to which members.

Third. Until the new Council of the Federal Judiciary is installed, in terms of the transitory article before this one, it will function as a temporary commission comprised by the president of the Council and those officials directly under the Council. The commission will review the transactions, and resolve administrative affairs of extreme urgency to it, except those relating to the naming, assignment, ratification, and dismissal of judges and magistrates. Once the Council is installed, it will receive an account of all measures taken during this time, with the end that it may find the measures agreeable to it.

Fourth. The processes to which the changed articles refer, that were initiated before the current decree became effective, will continue in force according to the dispositions then in effect.

Transitory article of decree of June 9, 1999, published in the Official Diary of the Federation on June 28 of the same year, by which a fifth paragraph is added to Article 4, resulting in the previous fifth and sixth paragraphs becoming the sixth and seventh, respectively; and the first paragraph of Article 25 is changed; both in the Political Constitution of the United Mexican States.

Transitory Article

Only. The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Transitory article of decree of June 9, 1999, published in the Official Diary of the Federation of June 28 of the same year, by which section XXIX-H is changed, and a section XXIX-I is added to Article 73 of the Political Constitution of the United Mexican States.

Only. The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Transitory articles of decree of June 9, 1999, published in the Official Diary of the Federation of June 28 of the same year, by which a section XXIX-J is added to Article 73 of the Political Constitution of the United Mexican States.

First. The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Second. The regulating law which gives the jurisdiction of the Federation in sporting matters shall be made within the period of one year.

Transitory article of decree of July 14, 1999, published in the Official Diary of the Federation of July 29 of the same year, by which Article 58 of the Political Constitution of the United Mexican States is changed.

Only. The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Transitory articles of decree of July 14, 1999, published in the Official Diary of the Federation of July 30 of the same year, by which a second paragraph and eight sections are added to Article 78, with a section V of the Third Title, as well as section IV to Article 74, fifth paragraph; Article 73, section XXIV; Article 74, section II; and 79 are changed; and section III of Article 74 is repealed, all in the Political Constitution of the United Mexican States.

First. The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Second. The superior budgeting entity of the Federation will begin its functions on January 1, 2000. The review of the Public Budget and the functions of overseeing the budget to which sections I to IV of Article 79 changed by the present decree refer, will take place, in the terms of this decree, starting with the review of the Public Budget of the year 2001.

The superior budgeting entity of the Federation will review the Public Budgets of 1998, 1999, and 2000, conforming to the dispositions in force before the present decree becomes effective.

The references made in these dispositions to the Main Accounting Office of the Treasury of the Chamber of Deputies, will be understood to be made to the superior budgeting entity of the Federation.

Third. While the superior budgeting entity of the Federation has not begun to exercise the functions to which the present decree refers, the Main Accounting Office of the Treasury will continue exercising the functions it now has, conforming to Article 74, section IV of the Constitution, its Organic Law, and the applicable judicial dispositions in force until the present decree becomes effective.

The public servants of the Main Accounting Office of the Treasury will not have their labor rights affected in any form, because of the entry into force of the present decree, and the laws made from it as a consequence.

Once the superior budgeting entity of the Federation is formed, all the human, material, and property resources of the Main Accounting Office of the Treasury will become a part of the entity.

Fourth. The Main Accountant of the Treasury will be the head of the superior budgeting entity of the Federation until December 31, 2001. He may be chosen again for this post for a period of eight years, as referenced by Article 79 of this Constitution.

Transitory articles of decree of August 18, 1999, published in the Official Diary of the Federation of September 13 of the same year, by which Part B of Article 102 of the Political Constitution of the United Mexican States is changed.

Transitory Articles

First. The present decree will become effective on the day following its publication in the Official Diary of the Federation.

Second. The current members of the Consultative Council of the National Commission of Human Rights will continue in their posts to conclude the period for which they were designated. They may be proposed and selected for a second period in the terms given in Part B of Article 102, as changed by this decree.

Third. No later than 60 days from when this decree takes effect, the Chamber of Senators, or in its case, the Permanent Commission of the Congress of the Union, must select the president of the National Commission of Human Rights, conforming to the procedure given in Part B of Article 102, as changed by this decree. For this effect, the following rules will be observed:

A. The appropriate commission of the Chamber of Senators will begin to make a full sounding among the social organizations that represent the distinct sectors of society, as well as the public organisms and private promoters of human rights.

B. On the basis of the sounding specified before, the commission will propose the ratification of the current head of the National Commission on Human Rights for the post, or, alternatively, choose another from a short list of candidates.

Fourth. Also, the Congress of the Union will make the changes to the Law of the National Commission of Human Rights, in order to exercise its functions and jurisdiction according to what is given in the present decree and the regulating law in force about its expedition.

Fifth. All dispositions that oppose the present decree are repealed.

Transitory articles of decree of October 28, 1999, published in the Official Diary of the Federation of December 23 of the same year, by which Article 115 of the Political Constitution of the United Mexican States is changed.

Transitory Articles

First. The present decree will become effective 90 days after its publication in the Official Diary of the Federation, except for what is foreseen in the following articles.

Second. The states must adjust their constitutions and laws to conform to what is given in the present decree, no later than one year after it has become effective. In its case, the Congress of the Union must adjust federal laws no later than April 30, 2001.

Until the adjustments to which the previous paragraph refers are made, the current dispositions will continue in effect.

Third. With respect to functions and services which, conforming to the present decree, are the responsibility of municipalities, and that on the entry into force of these changes to which the previous transitory article refers, are performed by state governments or in a coordinated manner with their municipalities, the municipalities will assume them, after their approval by their councils. The governors of the states will do what is necessary to attempt to transfer publicservices to municipalities in an orderly manner, in a maximum period of 90 days from the reception of the corresponding application.

In the case of base a) of section III of Article 115, within the period specified in the first paragraph, state governors must request their legislatures to keep in their area of jurisdiction the services to which the cited base refers, when their transfer from the state to the municipality would affect their giving, to the detriment of the people living in the municipality. The state legislatures will resolve these requests.

As the process of transfer to which the first paragraph refers takes place, public functions and services will continue to be exercised or given in the terms and conditions now in force.

Fourth. The states and municipalities will make the acts leading to transfers, to the effect that the compacts that, in their case, were made before, are adjusted to what is in this decree, and state constitutions and laws.

Fifth. Before the start of the fiscal year 2002, state legislatures, in coordination with their states’ municipalities, will adopt the measures leading to the goal of having per-unit values of land that serve as the base for collection of contributions on real property, be equivalent to market values for the property. They will proceed, in their case, to make adequate adjustments to the rates applicable for the collection of the mentioned contributions, to the end of guaranteeing that they will conform to the principles of proportionality and equality.

Sixth. In the making of the actions leading to implementation of the present decree, the rights and obligations contracted previously with third parties, as well as the rights of state and municipal workers, will be respected.

Transitory Article of Decree of March 8, 2000, Published in the Official Diary of the Federation the 7th of April of the Same Year, and With Corrections on the 12th of April of the Same Year, by Which Changes and Additions to Article 4 of the Political Constitution of the United Mexican States Are Made

Transitory Article

Only. The present decree will take effect on the day following its publication in the Official Diary of the Federation.

Transitory Articles of Decree of August 23, 2000, Published in the Official Diary of the Federation the 21st of September of the Same Year, by Which the Last Paragraph of Article 20 Is Deleted, the First Paragraph and Section IV of Article 20 Are Changed, the Contents Are Grouped Into a Part A, and a Part B Is Added, to Article 4 of the Political Constitution of the United Mexican States

Transitory Articles

First. The present decree will take effect six months after its publication in the Official Diary of the Federation.

Second. The legal dispositions in force will continue to apply, as long as they do not oppose the present decree, until the regulations to put these changes into effect are made.

Transitory Article of Decree of August 23, 2000, Published in the Official Diary of the Federation the 21st of September of the Same Year, by Which Section XXV of Article 73 of the Political Constitution of the United Mexican States Is Changed

Transitory Article

Only. The present decree will take effect on the day following its publication in the Official Diary of the Federation.

(Transitory articles with the incorporation of the former Article 2 into Article 1, the addition of a paragraph to Article 1, and writing of a new Article 2 of the Political Constitution of the United Mexican States on July 18, 2001 – Tr.)

First. The present decree will take place on the day following its publication in the Official Diary of the Federation.

Second. When these changes take effect, the Congress of the Union and the legislatures of the federated entities shall make the adjustments to federal laws and state constitutions to put the changes into effect as stated here.

Third. To establish the boundaries of single electoral districts, the location of indigenous peoples and communities must be taken into consideration as much as is practical, to the end of maximizing their political participation.

Fourth. The head of the Federal Executive Power will make the entire text of the motives and standard body of the present decree available, by translating it into the languages of the indigenous people of the country, and order its dissemination in their communities.

Hall of Sessions of the Permanent Commission of the Honorable Congress of the Union – Mexico City, July 18, 2001. -Sen. Fidel Herrera Beltran, Vice-President Acting as President. -Sen. Susana Stephenson Perez, Secretary. Signatures.

CONSTITUTION OF THE UNITED MEXICAN STATES – ARTICLE 136

Article 136

Ninth Title

Of the Inviolability of the Constitution

Article 136 – This Constitution will not lose its force and vigor, when any rebellion interrupts its observance. In the case of any public upheaval where a government contrary to the principles that it sanctions is established, as soon as the people recover their liberty, its observance will be re-established, and in arrangement with it and the laws made by virtue of it, those who figured in the government that came from the rebellion will be judged, as well as those who cooperated with them.

 

CONSTITUTION OF THE UNITED MEXICAN STATES – ARTICLE 135

Article 135

Eighth Title

Of the Changes to the Constitution

Article 135 – The present Constitution may be added to, or changed. For the additions or changes to become part of it, it is required that the Congress of the Union, by vote of two thirds of the members present, agrees to the changes or additions, and these will be approved by the majority of the legislatures of the states. The Congress of the Union, or the Permanent Commission in its case, will make the count of the votes of the legislature, and the declaration of approval of the additions or changes.

CONSTITUTION OF THE UNITED MEXICAN STATES – ARTICLE 134

Article 134

Article 134 – The economic resources at the disposal of the Federal Government and the government of the Federal District (as well as their respective state enterprises and administrations) will be administered with efficiency, effectiveness, and honor, to satisfy their objectives.

Acquisitions, leases, and transfers of all classes of goods, giving of services of any nature, and the contracting of works that the government undertakes, will be decided or carried out through open bidding by means of a public meeting where solvent propositions are presented. The propositions will then be presented as sealed bids, to be open publicly, to the end of assuring to the state the best conditions available in price, quality, financing, opportunity, and other pertinent areas.

When the bidding to which the previous paragraphs refers was not suitable to assure these conditions, the laws will establish the bases, procedures, rules, requirements, and other elements to guarantee the economy, effectiveness, efficiency, impartiality, and honestly that the assures the best conditions for the state.

The handling of federal economic resources will be subject to the bases of this article.

Public servants will be responsible for compliance with these bases in the terms of the fourth title of this Constitution.

CONSTITUTION OF THE UNITED MEXICAN STATES – ARTICLE 133

Article 133

Article 133 – This Constitution, the laws of the Congress of the Union that come from it, and all the treaties that are in accord with it, that have been concluded and that are to be concluded by the President of the Republic with the approval of the Senate will be the Supreme Law of all the Union. The judges of every State will follow this Constitution and these laws and treaties in considering dispositions to the contrary that are contained in the constitutions or the laws of the States.