Ripple effects of the 1960 anachronism in the
Peña oil regime of 2013
HOUSTON — In its public-relations campaign in 2013, the Peña represented its oil reform as a turning back of the clock to the Cárdenas‐era legal regime of 1940. For that, there were two constitutional amendments to Article 27 from 1960 that stood in the way. One of these was a prohibition against “contracts” (understood as oil contracts directly between the State and an oil company) and another against “concessions” in relation to petroleum ￼deposits.
The distinguishing feature of a concession was not explained. For reasons never made public, the Peña legal team determined that the constitutional amendment that would eventually be promulgated on December 20, 2013, would remove only the prohibition of contracts; the prohibition of concessions was allowed to stand.
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