JURISPRUDENTIAL THESIS EMITTED BY THE SUPERIOR CHAMBER OF THE FEDERAL COURT OF ADMINISTRATIVE JUSTICE.- THE APPLICATION OF THE IRRETROACTIVITY PRINCIPLE IS CONDITIONED TO THE HIERARCHY PRECEDENT OF THE ISSUING ORGAN.- Initially, one must take into account that in the jurisprudential thesis P./J. 2/2018 (10a.); 2a./J. 195/2016 (10a.); 2a./J. 199/2016 (10a.) [Direct amparo in revision 1413/2016, 2501/2016 y 2500/2016]; and 2a./J. 12/2018 (10a.), and its conclusive judgement, the Supreme Court of Justice has determined that “[…] the irretroactivity principle of the jurisprudential thesis foreseen in article 217 of the Amparo Law, does not lead to ignore the existing hierarchy between the Judicial Branch organs and, therefore, the referred principle has to be framed within the scope of the different orders or existing jurisprudential levels. […] Thus, the irretroactivity principle of the jurisprudential thesis that the Supreme Court of Justice emits, at the Plenary and Chambers. […] Consequently, the irretroactivity principle only applies in a horizontal level, in other words, regarding the jurisprudential thesis emitted by the jurisdictional organ itself or other of the same hierarchy. For such reason, the jurisprudential thesis issued by the Jurisdictional Plenary always has prevalence over the ones issued by the Sections, with independence of their publication date. Hence, for identical reason, the jurisprudential thesis of the Federal Judicial Branch prevails over the jurisprudential thesis issued by the Superior Chamber of the Federal Court of Administrative Justice even though it was issued previously. In a manner in which, before contradictory jurisprudential thesis the Jurisdictional Plenary, the Sections, the Regional and Specialized Chambers, as well as the Reporting Judges must apply, in first place, the hierarchic criteria to determine the applicable jurisprudential thesis with independence of its issuing date. Thereby, the conclusion of merit is according to the criteria issued by the Supreme Court of Justice, since in said criteria it established the following: “[…] In short, when the judges and courts of the country –in their respective areas of competence- face the existence of a jurisprudential criteria that results directly applicable to some of the relevant legal questions for the filing, processing, development and resolution of the jurisdictional issue, and subsequently, enters into force a jurisprudential thesis issued by a judicial organ of different hierarchy which crosses it, the determination of the applicability of the jurisprudential thesis is not governed by the irretroactivity principle, but by the hierarchy or binding force that they have, prevailing of course, the one that has a superior level in accordance to the organic structure of the federal courts that are established in the Mexican legal system.”

Administrative Proceeding Num. 2985/16-EC1-01-5/3324/17-PL-07-04.- Solved by the Plenary of the Superior Chamber of the Federal Court of Administrative Justice, in session June 13, 2018, solved unanimous with 10 votes in favor.- Reporting Judge: Magda Zulema Mosri Gutiérrez.- Secretary: Juan Carlos Perea Rodríguez. (The thesis was approved in a session from September 12, 2018)