The move to reform energy matters in Articles 25, 27 and 28 of the Constitution focuses primarily on the power industry. President Lopez Obrador’s third attempt And his government Changing the way the electricity market operates. In Mexico.
The first was a credible policy., Security, Continuity and Quality in the National Electric System, released by the Ministry of Energy in May 2020.
With reference to this policy, is known as. ‘Farman Nahli’The Federal Economic Competition Commission has filed a constitutional dispute before the Supreme Court of the Nation, alleging that it has violated the basic principles of competition and free competition.
The SCJN termed the senator’s agreement that led to the policy as largely flawed.
Although left untouched, key elements were reintroduced. Electrical industry law reform, That Represented the second attempt. To change the game rules in the Mexican electric market.
The reforms, which change the quality of power transmission to give priority to those produced by the CFE, were passed by both houses of Congress and passed by the executive last March.
Since this is an amendment to the secondary law, Hundreds of Imparo cases were filed and judges. Proficiency in economic competition He suspended. Final, with normal effects However, some were overturned by the courts. College
In April, Cofece filed a constitutional dispute with SCJN against amendments to the Electric Industry Act, considering that it was in favor of the CFE and that part of its content was in violation of Articles 25, 27 and 28 of the Constitution. On the contrary, it dictates a competitive government. In power generation and supply markets.
The SCJN acknowledged the controversy, as well as other minority senators and the government promoted by Colima, so that The higher judiciary still needs to rule on the unconstitutionality of the law..
The initiative was sent to the chamber. Of deputies September 30, That This is AMLO’s third attempt. To weaken the power system, it proposes to amend Articles 25, 27 and 28 of the Constitution, which regulate the activities of the energy sector.
If approved. In both houses of Congress and in most local congresses, Can’t be challenged Before the Judicial Power of the Federation Because it is a constitutional reform, as established in the jurisprudence of SCJN since 2013.
Given that the jurisprudence of the court is binding on all judges and magistrates, both federal and local, Private companies have no choice. National and foreign Can shelter, Even if they think they are directly affected by the reform.
For foreign investors only. They will be protected by international treaties and agreements. Mexico is part of that, such as T-MEC with the United States and Canada, TIPAT with the countries of the Asia-Pacific region – and FTAUEM – with the European Union – most importantly.
If correction cannot be challenged. In Mexico, The president will give a ‘shield’ Legally speaking a good part. Your energy policy, Which means a change of model and a return to a formula where the state has a key role to play.
The third focus, he says. Will it be in energy matters? The constitutional reforms under discussion mean a lot to the AMLO and their “change” government. It is, of course, the jewel in the crown.