The Prime Minister of the Supreme Court of Justice of the Nation, Arturo Zaldivar, closed on Tuesday the session in which the plenary debate on the constitutionality of the reforms in 2021 to the Electrical Industry Act (LIE) and announced that the vote will take place next Thursday.
The High Court analyzes Minister Loretta Ortiz's bill in which it proposes to dismiss the three challenges against these legal reforms that seek to change the order of electricity dispatch by giving priority to the Federal Electricity Commission (CFE) but does not define a minimum percentage of its participation in generation in contrast to the Energy Reform currently being discussed in the Chamber of Deputies.
Minister Javier Laynez Potisek spoke out for the unconstitutionality of the reforms approved in March 2021, while the majority of the members of the room have stated that they depart from some central aspects of Loretta Ortiz's project, who in his presentation stated that the Mexican State must ensure the economic development and strengthening electrical sovereignty and that no advantages should be given to foreign companies over interest.
The minister rapporteur assures that the adaptations to the Electricity Industry Act do not violate international treaties simply by giving preferential treatment to the CFE.
Prior to the discussion in the Plenary of the Court, the Chief Executive, Andrés Manuel López Obrador, said that the ministers of the Court should “define which side they are on.”
President Andrés Manuel López Obrador (AMLO) called on legislators from the National Action Party (PAN) and the Institutional Revolutionary (PRI) to rebel and vote for the Electricity Reform in the Chamber of Deputies.
During his morning conference, the president assured that he has information indicating that some PRI MPs, “and in some of those even the PAN”, disagree with the opposition's position which, he said, promotes “protection of private companies”.
The Electricity Reform seeks to ensure that the Federal Electricity Commission (CFE) can participate in the 54th of the sector (generation, transmission, distribution and marketing), which would represent an advance to one of the main campaign promises: electricity sovereignty. For its approval, the Federal needs three-quarters of the votes of the House of Saint Lazarus.
On the other hand, López Obrador was similarly questioned by the actions of Minister Loretta Ortiz, of the Supreme Court of Justice of the Nation (SCJN), to endorse the Law of Electrical Industry.
“Legality. Let the ministers define which side they are on. That is why we cannot complain, we are experiencing interesting times and stellar moments of public life.”
It is worth mentioning that on April 1, López Obrador said he did not agree with the minister not participating in the discussion on the Electricity Industry Law that was held in the Senate.
This is after opposition senators PRI, PAN and PRD signed a letter requesting that the SCJN minister exempt herself from voting on the unconstitutional action against the Electricity Reform due to a conflict of interest.
Officials alluded to Ortiz Ahlf's performance as federal deputy for the Labor Party (PT) -Morena's ally- in the LXII Legislature; in addition to her participation in the discussion and eventual approval of the constitutional energy reform endorsed by the government of Enrique Peña Nieto, as well as to cast his vote on the Electricity Industry Law.
This, they argued, could interfere with the independence, impartiality and objectivity of the Supreme Court of Justice according to opposition senators, even though Loretta Ortiz was chosen by lot to deal with this dispute in the Supreme Court.
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