Coparmex demanded SCJN ministers not to give in to political pressure to pass the Electricity Industry Law

The Employers Confederation of the Mexican Republic (Coparmex) ruled on the discussion of the unconstitutionality of the Electricity Industry Law (LIE) in the Supreme Court of Justice of the Nation (SCJN), demanding that ministers “honor their oath to comply with and enforce what the Constitution mandates” and not to give in to political pressure to pass the new legislation

In a statement, Coparmex called on the country's highest court to base its definition on the text established in the Political Constitution of the United Mexican States and the Free Trade Agreement with the United States and Canada, T-MEC.

“In this discussion of great relevance to the country due to the impact of the LIE on the economic, social and health spheres, we at Coparmex ask Ministers to honor their oath to comply with and enforce what is mandated by the Constitution and to avoid validating reforms to secondary laws on electricity that are contrary to the current text of our Magna Carta”, emphasized the text.

The employer stressed that the citizen observatory Guardians of the Constitution, in which Coparmex participates, reiterate that the LIE is clearly unconstitutional, “because it violates free competition, affects compliance with international treaties contracted by Mexico in economic and environmental matters and introduces legal uncertainty in investment, so ministers must analyze and determine their position in strict accordance with the current text of the Constitution,” he stressed.

Coparmex stressed that there is already a significant precedent, since the SCJN has already defined the unconstitutionality of the electric decree.

“It did so when it analyzed the first attempt by the Federal Executive to modify the rules of the electricity industry, that is, the Agreement published by the Ministry of Energy in May 2020, to establish the 'Reliability, Safety, Continuity and Quality Policy in the National Electricity System'.”

The Employers Confederation recalled that the Confederation of Economic Competition (Cofece) filed a constitutional dispute against that Agreement, so in February 2021 the Second Chamber of the SCJN - with four votes in favor and one against Minister Yasmin Esquivel - invalidated 22 essential provisions of that agreement , considering that the powers of Cofece were invaded, the right to free competition was not guaranteed and advantages were granted to the CFE.

The text noted that later, on November 1 of that same year, the same second chamber of the SCJN issued its final judgment of unconstitutionality of the Reliability Policy of the electrical system, considering that it violated the rules of free competition and economic competition.

In this regard, Coparmex pointed out, we reiterate the call to the Ministers of the SCJN to carry out this week to “act in accordance with their commitment to enforce the Constitution, not give in to political pressure and avoid questioning the autonomy, legality and transparency of the Supreme Court of our country, because that would threaten the healthy division of powers and the rule of law”, concluded the text.

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