In recent days, the Second Chamber of the Supreme Court of Justice of the Nation determined that, for purposes of the indirect amparo, the City Councils have the character of responsible authority when a provision of the Local Constitution whose validity requires their approval is challenged, only when the act attributed to them is challenged for its own defects.
In this sense, the justices concluded that according to articles 5, section II, and 108, section III, of the Amparo Law, in the case of general rules, those who participated in their discussion, approval and promulgation are considered responsible authorities in the indirect amparo proceeding.
However, given that the intervention of the City Councils, as a general rule, is limited to approving the amendments and additions previously discussed and authorized by the Local Congress, without the possibility of modifying them or issuing an opinion that must be considered prior to the issuance of the corresponding declaration, they have the character of responsible authority only when the act attributed to them is claimed for its own defects, it being understood that only those in respect of which such defects are reproached must be summoned to trial.
This is relevant due to the large number of municipalities into which some states are divided, since the appeal, in the opinion of the aforementioned authorities, can be both onerous and fruitless.
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