If the electrical reform initiative violates international treaties, such as the Treaty between Mexico, the United States and Canada (T-MEC), there are ‘exit doors’ to separate from them, said Eduardo Andrade, general director of professions of the SEP, during his participation in the open parliament .
Andrade pointed out that there exit clauses to separate from international treaties that do not allow decisions to be made for the benefit of the country.
“The T-MEC clearly indicates that the State reserves the right to make the modifications to its Constitution and to the laws that it requires for the benefit of the country, there are reservations regarding which rules of competition can be modified due to national interests”, pointed out.
However, Raúl Pérez Johnston, a constitutional lawyer, pointed out that although the Mexican State can violate the international treaties to which it is a party, You will have to bear the consequences of your actions.
“The compensation that would have to be covered should be taken into account, and so far, I have not seen a serious analysis by the Government of the cost-benefit that the proposed constitutional changes represent. We need to assess whether this Reform is really necessary”, he warned.
Why change the Constitution?
He added that to solve the problems raised by the proponents of the initiative, it is not necessary to reform the Constitution, since most of the issues can be addressed through secondary regulation.
Carlos Rodríguez, a lawyer specialized in energy law, indicated that the reform proposed by the president contravenes three fundamental principles of the Constitution.
“In the first place, it violates the guarantees and principles of legality, due process, security, legal certainty and the principle of retroactivity, it also calls into question international commitments and finally, it contravenes the principles of protection of human rights, since it violates principles of the environment”, he stressed.
Finally, Georgina Velasco, legal adviser and counsel for legal services at the Federal Electricity Commission (CFE), defended the initiative, saying that its main objective is to establish a level market for the CFE.