Alberto Pérez Dayán, Minister of the Supreme Court of Justice of the Nation, proposed a draft ruling to confirm amparo 164/2023 against the Electricity Industry Law, which could set a precedent to freeze it definitively.
This draft judgment is the second of its kind in less than two weeks, as Minister Javier Laynez Potisek proposed a similar process that will be presented to the full Second Chamber of the Court on September 27 for its analysis and vote.
Alberto Pérez Dayán's project proposes to confirm the ruling that granted the injunction to six companies against some articles of the reform to the Electricity Industry Law (LIE), which was published in the Official Gazette of the Federation on March 9, 2021.
In the event that the judges of the Second Chamber of the SCJN approve the project in the sense that it will be presented, the amparo will benefit all companies participating in the wholesale electricity market, since the previous version of the Electricity Industry Law (LIE) will have to be implemented.
“The scope defined by the judge for constitutional protection is correct, given that he only granted the injunction with respect to the complaining party, but anticipated that the rest of the companies participating in the market would benefit from a collateral effect”, states the draft judgment.
The two drafts proposed by Ministers Pérez Dayán and Laynez Potisek are in favor of upholding the amparos.
The proceedings were carried out, since in January of this year the Second Chamber decided to review and rule on the appeals filed by 18 companies against the LIE.
In the previous proceedings, that is, during the amparo proceedings approved by Judges Juan Pablo Gómez Fierro and Rodrigo de la Peza López Figueroa, the Congress of the Union and the Executive challenged the granting of the legal remedy.
However, the challenges were rejected, considering that the new regulation violates the rules in force since 2013, which state that there must be free competition in electricity generation.
Minister Pérez Dayán proposes confirmation of amparo against the LIE
