RE: FYI for some of you guys on Sonora25 Sep 2023 17:44
On May 27, 2023, 43 opposition members of PAN, PRI, PRD, Movimiento Ciudadano and the recently formed Grupo Plural filed an unconstitutionality action against the mining law reforms before the Supreme Court of Justice of the Nation (SCJN). They argued that the reforms violate several articles of the Constitution, such as Article 27, which establishes that concessions can be granted for mineral resources to privates. They also claimed that there were irregularities during the fast-track reform process, as it bypassed specialized commissions that review legislation.
On June 6, 2023, Minister Norma Piña accepted the request presented by the opposition senators and admitted the lawsuit. She fixed a term of 15 business days for both Congress and the President to present a report and send a certified copy of the Mining Law decree’s legislative antecedents, as well as of the Official Gazette where it was published. If the parties do not send the required files, the Court will work with the information it already has. The Supreme Court did not establish a deadline to pass a final judgment. Therefore, it could take around a year to get to a conclusion, as has happened in recent cases related to energy decrees.
Even though lawsuit has been admitted, this does not interfere with the deadline of 90 business days in which President López Obrador must create a state-owned lithium company, as was established in the Mining Law reform. The Court will have to clarify if there were irregularities during the fast-track reform process and if the reform violates any constitutional principles or rights.
In summary, Mexico's mining law reforms are a set of changes that aim to recover state control over mineral resources but have faced strong opposition from various sectors. The Supreme Court has admitted an unconstitutionality action against them but has not issued a final judgment yet. The outcome of this legal dispute could have significant implications for Mexico's mining sector and its future development.