- Simple: it goes against the Constitution and the opportunities for Mexico.
- Closed economy and attempts at monopolies, omen of historic defeat.
CDMX, August 23, 2021. Juan Carlos Machorro, expert partner in the firm's energy sector Santamarina + Steta, He pointed to a panorama of failures for Mexico's energy policy, which will eventually lead to resuming the path of competitiveness in a global open market. “It is clear that this government has a very different vision from the previous one on both the electricity and hydrocarbons issues. Unfortunately, today the players in the sector are more dedicated to defending their rights in court than to developing their businesses, with a spillover for Mexican companies.”, Dijo.
The specialist explained that the federal energy policy began to try to reverse the energy reform from the beginning of the regime, with administrative actions such as the cancellation of tenders, rounds and auctions. Then, a year and a half ago, it tried to issue administrative rules against market freedom, with a decree to reform the Electricity Industry Law. This began to impact the players in the sector, who presented means of defense. “Fortunately, the courts have lived up to the Constitution and have been stopping these attempts,” stressed.
Juan Carlos Machorro added that "Contrary to the President's own saying that stairs are swept from top to bottom, this time he acted in reverse, because there is a hierarchy of laws and the highest is the Constitution. Unfortunately for the current counter-reform energy policy, the new composition of Congress reduces the power of the Executive to modify it."
The expert clarified that, even in the remote case that the regime were to attempt a constitutional reform, managing to convince a qualified majority and local Congresses, a new controversy would arise, because it would violate two fundamental rights: the right to health and the right to a clean environment, given that the Federal Government insists on returning to a closed and polluting economy, privileging PEMEX and CFE in their old practices, instead of encouraging these companies and other agents to evolve towards clean energy, in an environment of free competition.
“Additionally, the current energy policy would be facing a next front, which is made up of all the agreements and treaties that it has with numerous countries. Particularly the T-MEC, in which Mexico is strongly committed in terms of trade, the environment and human rights. Although in the confirmation of said treaty the 4T left a clause for Mexico to reserve the right to reform its laws, the treaty is complex and has several intertwined chapters. Simply, the economy cannot be closed or an attempt against a philosophy of environmental protection and human rights that our partners and the rest of the world have already adopted,” concluded.
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