¿CÓMO SE CREA UNA LEY? / ETAPAS DEL PROCESO LEGISLATIVO

Overview of the Legislative Process in Mexico

Introduction to the Legislative Procedure

• The video introduces the legal procedure for creating federal laws as outlined in the Political Constitution of the United Mexican States.

• It emphasizes that this explanation will detail various stages of the legislative process, including initiative, discussion and approval, sanctioning, promulgation, publication, and law enforcement.

Stages of Legislative Process

Initiative Stage

• The initiative is defined as an act where authorized individuals submit a draft law to Congress for consideration.

• Various subjects are legitimized to present initiatives:

• The President of Mexico

• Members of Congress (Deputies and Senators)

• Local legislatures from each state

• Citizens (with a minimum threshold of support).

Presentation of Initiatives

• Initiatives can be presented to either chamber (Chamber of Deputies or Chamber of Senators), with no specific order mandated by law.

• Certain exceptions exist where specific types of initiatives must first be presented to the Chamber of Deputies (e.g., loans, taxes, troop recruitment).

Discussion and Approval Stage

Deliberation Process

• Once an initiative is submitted, it undergoes discussion in both chambers sequentially; first in one chamber then in another.

• The president of the chamber receiving the initiative assigns it to a relevant internal committee for detailed study.

Role and Functionality of Committees

• Committees are internal bodies responsible for examining initiatives thoroughly before they reach full chamber discussions.

• The chamber that initially receives an initiative is termed "chamber of origin," while the subsequent reviewing body is called "reviewing chamber."

Nature and Importance of Committees

Committee Responsibilities

Understanding Legislative Commissions and the Approval Process

Role of Commissions in Legislative Initiatives

• Various commissions exist to address specific subjects, such as Education, Public Safety, Labor, Tourism, Health, and Social Security.

• An initiative related to health will be directed to the Health Commission for a thorough study involving specialists and possibly organizing conferences.

• The commission issues a report (dictamen) after studying the initiative, proposing whether it should be approved or rejected.

Decision-Making Process of Commissions

• A positive dictamen indicates that the initiative is viable and aligns with both the Constitution and Mexican legal norms.

• A negative dictamen suggests that the initiative does not conform to Mexican law and will be discarded.

• The proposed dictamen is presented to the full chamber for discussion and voting on approval or rejection.

Voting Requirements for Approval

• For an initiative to pass in its originating chamber, it requires an absolute majority of present members—defined as 50% plus one vote.

Review by the Revising Chamber

• Once approved by the originating chamber, the initiative is sent to a revising chamber for further discussion and potential approval.

• The revising chamber will also issue a dictamen based on their analysis of the previously approved initiative.

Possible Outcomes from Revising Chamber's Review

Full Approval Scenario

• If fully approved by the revising chamber, it must again receive an absolute majority before being sent to the President for sanction.

Rejection Scenario

• If entirely rejected due to non-compliance with constitutional requirements or federal laws, it returns to the originating chamber with observations from the revising chamber.

Partial Approval Scenario

• In cases of partial approval or amendments suggested by the revising chamber:

• The originating chamber may reconsider these changes.

Legislative Process and Approval Stages in Lawmaking

Review and Modification by the Revising Chamber

• The revising chamber may reject parts of a legislative initiative or make modifications to certain legal provisions. For instance, out of 10 articles, it might approve 5 while rejecting or modifying the other 5.

• Upon partial approval, the initiative returns to the originating chamber where only the modified or rejected articles will be discussed; previously approved articles are no longer subject to debate.

• If the originating chamber agrees with the revisions made by the revising chamber, it can send the initiative directly to the President for sanction without further review.

Opposition and Further Review

• Conversely, if the originating chamber disagrees with any modifications made by the revising chamber, it can oppose these changes and return the initiative with justifications for its stance.

• The revising chamber then receives this opposition and must decide whether to uphold its original modifications or accept the arguments from the originating chamber. If they agree with those reasons, they may approve the initiative as is.

Final Decision-Making Process

• Should there be continued disagreement between chambers regarding proposed modifications, a new session period must commence before reintroducing that initiative unless it is passed solely based on approved articles.

• The next stage involves sanctions where acceptance of a law project occurs through action from the Federal Executive (the President). After receiving an approved initiative from both chambers, he has 30 days to respond regarding its approval or rejection.

Presidential Action on Legislation

• If no response is given within those 30 days, silence is interpreted as approval of that initiative; thus obligating publication in official records within an additional 10-day timeframe. This means that lack of objection leads to automatic approval under law provisions.

• Should there also be no publication order within those subsequent 10 days, then legislation is considered promulgated automatically by default through actions taken by either chamber's president after this second deadline expires.

Summary of Timelines

• To summarize:

• The President has 30 days to act on a law proposal.

• Following this period without action results in presumed approval.

Legislative Process and Presidential Veto

Overview of Legislative Initiative Rejection

• The president may entirely reject a legislative initiative or part of it, leading to the need for further discussion in the originating chamber.

• To overcome a presidential veto, both chambers must discuss the initiative successively and achieve a qualified vote of two-thirds from present members.

Voting Requirements to Overcome Veto

• Unlike previous requirements for an absolute majority, now a two-thirds majority is necessary in each chamber to surpass the presidential veto.

Presidential Approval and Promulgation

• If the president agrees with an initiative without objections, they will sanction it, leading to its promulgation and publication in the official journal.

• Promulgation serves as a formal declaration that incorporates the law into Mexico's legal system after approval by Congress and the president.

Importance of Publication

• Publication is crucial as it informs citizens about new laws, making them obligatory for those affected by their provisions.

• The official journal serves as the state's medium for disseminating legal information to citizens.

Commencement of Law Effectiveness

• The final stage in the legislative process is determining when a law takes effect, which can follow either successive or synchronous systems outlined in federal civil code articles 3 and 4.

Successive System Details

• Under this system, laws take effect three days post-publication unless specified otherwise within transitional articles. Additional time may be required based on distance from publication sites.

Synchronous System Explanation

• In contrast, under this system, laws become effective on dates specified within transitional articles if published beforehand. This allows legislators flexibility regarding implementation timelines.