The Supreme Court has ordered to pause all substantive resolutions of the amparos presented to stop the changes to the reform of the Electricity Industry Law.
The Court has decided that it must first resolve the future of two controversies and an action of unconstitutionality filed a few months ago, after the approval of the secondary reform to the law, promoted by the executive and approved in Congress last year. The first two were promoted by the Federal Competition Commission and the Colima government. The last one was presented by some members of the opposition in the Senate.
But before the presentation of these weighty instruments, civil society organizations and some private companies resorted to filing amparos before specialized competition courts to pause the changes to the law. They were granted definitive suspensions –which has kept the changes on hold–, but the processes have not been resolved in substance and the final sentence has not been issued. This last step is the one that the Court has decided to pause.
The decision of the Court temporarily suspends the last phase to issue a final sentence, which consists of the collegiate courts omitting their opinion on the resolution of the judges regarding the amparos.
“This agreement prevents there from being an enforceable and final ruling on the constitutionality of the reform. The resolution only affects the main processes, that is, the substantive rulings that are going to be issued on the constitutionality of the act claimed,” explains Bernardo Cortés, a industry lawyer.
The reform to the Law of the Electricity Industry includes all the changes promoted by the presidency since the beginning of the six-year term through agreements, regulatory changes and the issuance of some programs, but which failed to be implemented due to a wave of injunctions initiated from the sector. private and civil organizations.
The initiative changed the way in which Clean Energy Certificates are granted, which are now only for new power plants and which are sought to be issued in favor of the CFE; the review and probable cancellation of self-supply permits, and the repeal of the CFE’s obligation to go to the electricity auction market to contract new generation capacity.
All of the latter has also been included in the constitutional reform currently under discussion in the Chamber of Deputies. Representatives of the federal government have assured that the executive decided to present a constitutional reform because smaller-scale modifications, such as this reform, were stopped through injunctions.
With this order, published today in the Official Gazette of the Federation, the Court would seek to homologate all the resolutions in process regarding the issue.
A ruling by the Court in favor of the two controversies and the action of unconstitutionality would mark an important precedent in the event that the constitutional reform is rejected or not approved, since it would imply that the federal government can carry out the changes promoted.
On the contrary, if the electrical reform is approved, the process could become obsolete.
