“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 electricity reform is approved, the process could become obsolete.