Abstract

MAYER-SERRA, Carlos Elizondo. A new Constitution in 2013?: The economic chapter. Cuest. Const. [online]. 2014, n.31, pp.29-56. ISSN 1405-9193.

In 2013, the first year of the return of the PRI with Enrique Peña Nieto as President, the Mexican Constitution suffered several unprecedented changes in antitrust, telecommunications and energy. These reforms will change the frontier between the market and the state. During the 12 years of PAN's government, the economic chapter of the Constitution suffered no change. This article analyses the implications of these reforms and its limits. It examines the constitutional reforms in economic issues made by the various administrations, from Miguel de la Madrid up to now, with special interest in the reforms made by the president Peña Nieto during his first year. Even though the implications of these reforms could be significant, the impact of the constitutional changes will depend on the scope of the secondary laws. In any case, the complexity of these reforms, the result of the political process that made them possible, means that its implementation will be difficult. Notwithstanding the relevance of these reforms, at least in economical terms, it makes no sense to argue there is a new Constitution.

Keywords : mexican Constitution; Constitution's economic chapter; articles 27 and 28 of the Constitution; structural reforms; energy reform; antitrust reform; telecommunications reform.