Vote in the SCJN
To approve the project of Judge Loretta Ortiz, only the votes of four of the 11 ministers of the plenary session were required to validate the constitutionality of the legal modification.
Although there were many objections to the reform of the Electricity Industry Law, the necessary eight votes were not reached to be considered unconstitutional.
“This first section is approved,” said the minister-president, Arturo Zaldívar. The first section related to the order of energy dispatch and was one of the most controversial issues.
For more than six hours, the seven sections within the project were voted on, which contemplated issues such as energy dispatch, environment, clean energy certificates and auctions or the revocation of self-supply contracts if it is considered that there is “fraud”.
After the Electricity Industry Law was declared constitutional, but by registering more votes in favor of its unconstitutionality in various sections, it will now be up to the courts to analyze case by case and rule on the current and future protections, which opens a opportunity for private companies.
The 11 ministers of the Supreme Court were due to rule this week on an action of unconstitutionality and two constitutional controversies presented by members of the Senate, the Federal Economic Competition Commission (Cofece) and the state of Colima, respectively.
So far, only the unconstitutionality action presented by senators has been voted on, although since the reform of the Electricity Industry Law was declared valid, most likely in the other two unconstitutional controversies it will be voted in the same direction, judicial sources explained to Efe .
