Energy protections are diluted before new scheme: lawyers


Two days after the closing of the discussion forums of the Open Parliament of the electrical reform on Saint Lazaruslawyers for and against the initiative to modify the Constitution assured that in addition to the pause ordered by the supreme court to amparo trials in specialized courts until the constitutional controversies are resolved, all of the 150 trials that are ongoing will be dismissed as soon as the planned changes are approved.

“It seems very obvious, that is, if the constitutional reform passes, there is no way that the Magna Carta can be declared unconstitutional,” said Eduardo Manuel Méndez Sánchez, a professor at the UNAM Faculty of Economicsin forum 25 of the Chamber of Deputiesalthough he clarified that it must be remembered that they are of a different nature, against four organisms, by different legal systems and if some processes continue to be covered by previous laws, based on transients, it could complicate the understanding of the processes in energy matters that today are unburdened in the power of attorney.

For now, the amparos that are issued in the collegiate circuit courts in administrative matters, specialized in economic competition, broadcasting and first and second telecommunications of the Mexico City go against orders or acts of the Secretary of Energythe Energy regulatory commissionthe National Energy Control Center and the Federal electricity commission.

They still go against the Agreement and the Reliability Policy of the Electric System and against acts such as the closure of activities, in addition to the Law of the Electric Industry modified in April of last year. All have suspensions in favor of those who have protected themselves.

Nancy Jocelyn Jiménez Camacho, head of the Legal Office at the CFE Intermediation of Legacy Contracts and advisor to the CRE, requested that the reform process seek to create specialized courts in energy matters because the criteria adopted by these courts have been weighing the right to competition and not to access to energy, based on the telecommunications industry, as corresponds to the judges who have received them.

Daniel Amézquita, a litigant in Constitutional and Administrative matters, assured that the judges have done a great job, despite the obstacles they have faced such as excessive workload and the pandemic.

“All the resolutions taken so far are based on the right to a decent environment and health, that must be considered when discussing the changes to the Constitution that are proposed, so as not to reach contradictions that only make it even more difficult for the action of the authorities and the dynamism of the economy so damaged already”, he said.

Miguel Zárate, trial lawyer, recalled that in Mexican legislation acquired rights are weighted and that the Court has been very clear about this criterion, so that a weighting of which rights enjoy higher hierarchy should also be made towards the legislative discussion of the constitutional change.

It should be remembered that the Supreme Court of Justice of the Nation (SCJN) also ordered to stop the amparo lawsuits pending in courts and tribunals throughout the country, against the modification to the new Law of the Electricity Industry (LIE), whose effects they are suspended, until the plenary session of ministers decides on the constitutionality of this norm, which is challenged by private energy generation companies.

The highest court published a general agreement in which it states that no federal court or tribunal may issue rulings on these matters until “while the plenary session of this Supreme Court of Justice of the Nation resolves the constitutional controversies and the action of unconstitutionality” pending in the Court, about the LIE.

In the first collegiate circuit court in administrative matters, specializing in economic competition, broadcasting and telecommunications, amparos 459/2021, 462/2021, 496/2021, 434/2021, 482/2021, 497/2021, 522/2021, 452 /2021, 457/2021, 437/2021, 495/2021, 519/2021 and 521/2021.

Meanwhile, in the second collegiate circuit court in administrative matters, specializing in economic competition, broadcasting and telecommunications, amparos under review 292/2021, 22/2022 and 32/2022 are in dispute.

The resolution will remain pending until the SCJN issues sentences in constitutional controversies 44/2021, promoted by the Federal Commission of Economic Competition, and 45/2021, of the government of Colima, as well as the unconstitutionality action 64/2021, of senators of opposition.

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