GlobalJudge asks the Government to stop applying the Electrical Industry Law

Judge asks the Government to stop applying the Electrical Industry Law

MEXICO CITY (apro).- A federal judge required the President of the Republic, Andrés Manuel López Obrador, and authorities of the energy sector, to comply with the ruling of the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) that declared the reform to the Electrical Industry Law (LIE) unconstitutional.

The First District Judge Specialized in Economic Competition, Dinorah Hernández Jiménez, was notified of the decision of the Second Chamber in which, through the casting vote of Minister Alberto Pérez Dayán, she declared unconstitutional the reform to the LIE promoted by the administration of the President Andrés Manuel López Obrador.

Once the declaration to stop applying the reform became firm, the judge called on the Ministry of Energy (Sener) and the General Director of Electricity Markets of the Energy Regulatory Commission (CRE) to comply with the Court’s mandate.

“The Ministry of Energy and the General Director of Electricity Markets of the Energy Regulatory Commission, authorities directly obliged to comply with the enforcement of the protection, are required,” the judge’s agreement states.

“The Head of the General Directorate of Electricity of the Energy Regulatory Commission and the President of the Republic, respectively, are required in their capacity as hierarchical superior of the authorities of merit; so that in the same term, in the exercise of their powers, they make use of all the means at their disposal, including the preventions and sanctions that they may formulate and impose in accordance with the applicable provisions to achieve compliance with the protective ruling.”

According to the Court’s ruling, seven articles of the reform violate the rules of free competition in generation and the Wholesale Electricity Market (MEM) that were established in the Constitution since 2013 as part of the energy reform promoted by former president Enrique Peña. Grandson.

In these articles, the LIE orders preferential dispatch to the energy generated by plants of the Federal Electricity Commission (CFE) or private ones that work exclusively for it over renewable and other private ones.

The reform declared unconstitutional by the Court also eliminated the auctions that were held to acquire energy and the generalization of access to clean energy certificates.

In its ruling, the Court confirmed that, although the protection only benefits the seven companies that requested it, its effects will be general because, otherwise, a differentiated treatment would be carried out that is materially impossible to execute and that would generate imbalance in the sector.

For this reason, the ministers of the Second Chamber ordered the LIE to be applied as it was before the 2021 reform.

Daily Global Times
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