EconomyEnergy counter-reform 2021 and the people

Energy counter-reform 2021 and the people

(Expansion) – Having passed the elections, we must not confuse the advances of the ruling party in various states and state congresses, with the loss of the qualified majority of the Morena-PT-PVEM coalition and the new seats obtained by the opposition bloc.

Also, the signal in Mexico City is important. All of this is the product of democracy and of the great work of the National Electoral Institute (INE).

The effect of this seems to have materialized in events that occurred in recent days.

On the one hand, the changeover was announced in the Ministry of Finance, placing a Doctor in Economics (Cambridge, England) very close to the president.

Without being an expert on the subject, I understand that he is an orthodox person who, although he has no experience in the public sector, is perfectly aware of the business world, both national and transnational – something that precisely some public officials lack at all -; Furthermore, I understand that you will not come to receive orders.

Secondly, four things strongly call my attention: first, the invitation to private initiative to invest in Mexico, including Claudio X. González ( ouch for the radicals); second, the announcement of an energy counter-reform based on seeking the strength of the Federal Electricity Commission (CFE); third, the strange exclusion of Petróleos Mexicanos (Pemex) as the basis for said counter-reform; and fourth, the continued use of dogmatism that we have talked so much about before.

Our previous theses on the “” in the sector are reconfirmed. One by one.

Let’s see. The president has all the right to send a reform proposal to the Political Constitution, as the new Legislative has all the right to seriously analyze it, being able to change “even the commas ” (oh, novelty, long live democracy!), Yes so decides the opposing bloc.

But to say verbatim that ” it cannot be personal or group interest, no matter how legitimate, above the interest of the people and the nation ” is banana populism.

Let’s be serious.

Is the nation synonymous with CFE? Is legitimacy based on the Constitution or the interest of a public company, no matter how important it is? Is a group with legitimate rights recognized in the current Constitution itself defenseless against the dogmatic use of the word “people”? Are these public policies that benefit all (all) the governed or state policies coming from a party political ideology?

With the threats that ” it will be seen who is on the side of the people and who has private interests, ” I wonder, which people is referring to, the one who voted in Nuevo León or the one who voted in Sonora, the one who voted for Mayor Benito Juárez or the one who voted for Mayor Milpa Alta? In other words, ” his ” people or all the people as an integral element of the State?

This counter-reform exercise, by not including Pemex, sounds more like an exercise in threat and loyalties, but dangerously tailored. Again, either you are with me (and ” my people “) or you are against me (even if you are part of the governed people, this essential element of the State).

In any case, let us remember that a counter-reform giving priority to State companies is prohibited by international treaties, these as the supreme law of the nation according to Constitutional Article 133.

On the other hand, the cordial invitation to private initiative to invest also seems to be a product of the election and appointment of Rogelio Ramírez de la O and the Executive himself expressly recognized that “ the desire, the will to work together, to promote private investment, which is fundamental, the country cannot be developed only with public investment, you want private investment ”. They would say in my town “you were n’t tronabas pistolita ?”.

Furthermore, it is curious that Pemex is not mentioned in said reform. Did you finally understand in hydrocarbons that Pemex is better and stronger with public-private collaboration? Is this a direct effect of the appointment of Ramírez de la O? It had been heard in columns since 2020 that, to accept the position, Ramírez de la O required changes in vision of the energy sector and probably the unpresentable sector cabinet. At the time.

But let’s see, even with reform, the radical wing will have to calm down, because it would not destroy or disappear the 2013 reform, simply because there is the principle of non-retroactivity in the Constitution itself.

In any case, it applies from the day of its publication onwards, having to respect all projects that operate in Mexico under the 2013 reform. Failure to do so is again unconstitutional and a matter of defense under international treaties.

At the time.

And speaking of time, my conclusion from all the above is that we have already lost three years as a nation (yes, the one that includes all the people, not just ” yours “), but if it continues to divide with populist dogmatism, we will lose the six-year term beyond.

Editor’s note: Claudio Rodríguez-Galán is an expert lawyer with more than 20 years in the electric and energy sector in Mexico. Graduate, Master and PhD candidate in Law. Recognized as one of the 100 Leaders of the Energy Sector in Mexico. Follow him on. The opinions published in this column belong exclusively to the author.

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