Horacio M. de Uriarte
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Supreme Court rules on constitutionality of the reform to the Electricity Industry Law
Professional related: Horacio M. de Uriarte | April 8th, 2022
In plenary sessions of April 5 and 7, Mexico’s Supreme Court of Justice ruled on the action of unconstitutionality filed by two thirds of the Senate, against the amendment to the Electricity Industry Law presented by the President and approved by the Mexican Congress early in 2021.
The discussion was divided by sections and amended provisions of the Electricity Industry Law. Of the provisions that were analyzed, for some of them there was a simple majority in favor of their validity (constitutionality), while for others, there was a simple majority in favor of their lack of validity (unconstitutionality), for different reasons.
In order for the ruling of an action of unconstitutionality to result in the declaration of unconstitutionality of a norm, a qualified majority of eight votes is required. Since such qualified majority was not obtained with respect to any of the challenged provisions, none of them was declared unconstitutional by the Court and the action of unconstitutionality was dismissed.
On the other hand, if a qualified majority rules on the validity of a provision, the reasons used by the Supreme Court are binding for lower courts. The foregoing is relevant in connection with the various amparo proceedings that are being analyzed by the District Courts.
Following is the sense of the votes by subject, where we mark with an asterisk those for which there was a qualified majority regarding the validity of the provision in question for any reason:
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