Our associate David Almeida writes an article analyzing the jurisprudential criterion 1a./J. 218/2025 (11a.) issued by the First Chamber of the Supreme Court of Justice of the Nation, which establishes that the Fifth Transitory Article of the Mining Law Reform Decree does not violate the constitutional principle of non-retroactivity of laws.
Accordingly, the Supreme Court has upheld the constitutionality of the Fifth Transitory Article of the Decree amending the Mining Law, confirming that mining authorities may dismiss concession applications filed prior to the publication of said Decree. However, the Court was also precise in establishing that such dismissal does not relieve the authority of its constitutional obligation to issue a formal and duly substantiated response to those pending concession applications.
It must be underscored that this Case law, having been issued by the Supreme Court of Justice of Mexico, is binding upon the Circuit Plenary Sessions, the Collegiate and Unitary Circuit Courts, the District Courts, the Military Tribunals, the Judicial bodies of the common law jurisdiction of the States, as well as federal and local Administrative and Labor Courts.
