Implementation of the electricity law will face obstacles, they foresee

With the resolution of the Supreme Court of Justice of the Nation on considering that the Law of the Electricity Industry (LIE) reformed last year by Congress by presidential initiative does not violate the Constitution, the process of the almost 200 amparos in specialized courts will continue that the Court had frozen, and by not violating the Magna Carta, as drafted, the Law enters into force this Friday, changing dispatch order that prioritizes the Federal Electricity Commission (CFE).

In addition, the determination of the legislature on the change to the Constitution and the regulation of the new Law is lacking, with which there will not be an immediate implementation of the new legal framework, if it prospers.

The result of four votes of ministers endorsing the Law means that it leaves the door open for the amparo trials that challenge it to continue, and the lower-ranking courts and tribunals can freely issue their rulings, case by case, in addition to introducing new amparos.

The new LIE, which has not been applied due to the suspensions in amparo matters and the order of the Court to vent its adherence to the Constitution, changes the order of dispatch of energy from power plants no longer through economic merit but with privilege to the Federal Electricity Commission (CFE).

According to the National Renewable Energy Laboratory (NREL) of the US government, by modifying in this way the order of electricity delivery to the transmission network, the costs of energy production in Mexico could increase by up to 52.5%. , going from 3,322 to 5,567 million dollars during this administration.

According to Víctor Ramírez Cabrera, the energy legislation that the current administration intends to implement is far from becoming a reality “they are not the majority. They did not have more votes in the intermediate elections nor did they have a majority in the Court. They didn’t win, they lost 7-4”, he assured.

Claudia de Buen Unna, president of the Mexican Bar Association, regretted the Court’s decision and her concern about the endorsement granted to the LIE. “The legal union is in mourning. The decision of four ministers of the SCJN endorsing the constitutionality of a law openly contrary to the Constitution is very worrying”, published the lawyer.

Meanwhile, the Mexican legal scholar José Roldán Xopa stated that a brake on the application of this law in courts will be observed once again, given that the dynamics required are different, of majority, with which it will dictate the unconstitutionality again, as it happened hours after its original approval given the obligation of the judges before the current legal framework.

“If the amparos in progress, or the new ones, reach the Court and the same vote is given as today, they would be resolved in favor of the plaintiffs. This is so because the (simple) majority is enough for protection,” the expert published.

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