Challenge to the constitutionality of amendments to the rules governing Clean Energy Certificates
Jurisdiction: Supreme Court
Principle law(s): Energy Reform Package
Side A: Senate minority (Government)
Side B: Legislature (Government)
Core objectives: Whether the amendments to the Electric Industry Act are unconstitutional.
SummaryOn March 9, 2021, Mexico published amendments to Mexico’s Electric Industry Act. One of the amendments established that the allocation of Clean Energy Certificates will no longer be conditioned on ownership or utilities’ start date of commercial operations. On April 8, 2021, members of the Senate’s minority filed a constitutionality action challenging the constitutionality of several amendments to the Electric Industry Act, including those that change the rules of operation for Clean Energy Certificates. A constitutionality action is a special procedure in Mexican law that entitles certain state actors, like a 33% congressional minority from either the House of Representatives or the Senate, to petition the Supreme Court for abstract judicial review of laws.
Full case documents will be added as they become available.
Related laws and policies
The Constitutional Reform on Energy (Energy Reform Decree and related 9 newly created laws and 12 modified laws) aims to modernise the energy system by introducing greater competitiveness and efficiency to the hydrocarbons sector, supporting shift towards low-carbon electricity generation and int...