TITLE IX. SUPREMACY OF THE CONSTITUTION

CHAPTER 1. Principles

Article 424

The Constitution is the supreme law.

• It prevails over any other legal regulatory framework.

Article 425

The order of precedence for the application of the regulations shall be as follows:

1. The Constitution
2. International treaties and conventions
3. Organic laws
4. Regular laws
5. Regional regulations and district ordinances
6. Decrees and regulations
7. Ordinances
8. Agreements and resolutions
9. Other actions and decisions taken by public authorities.

In the event of any conflict between regulations from different hierarchical levels, the Constitutional Court, judges, administrative authorities and public servants, it shall be settled by the application of the standard of higher order of precedence.

The regulatory order of precedence shall take into consideration, in what pertains to it, the principle of jurisdiction, especially the entitlement to exclusive jurisdiction of decentralized autonomous governments.

Article 426 All persons, authorities and institutions are subject to the Constitution.

The judges, administrative authorities, and public servants shall directly apply constitutional standards and those provided for in international human rights instruments, as long as the latter are more favorable than those set forth in the Constitution, although the parties do not invoke them expressly. The rights enshrined in the Constitution and international human rights instruments shall be for immediate observance and enforcement. The absence of a law or lack of knowledge about the norms cannot be alleged to justify the violation of rights and guarantees enshrined in the Constitution, to dismiss proceedings for their defense, or to refuse recognition of these rights.

Article 427 Constitutional provisions shall be interpreted by the literal meaning of its wording that is mostly closely in line with the Constitution as a whole. In the event of any doubt, it is the most favorable interpretation of the full and effective force of rights and that best respects the will of the constituent, in accordance with the general principles of constitutional interpretation, that shall prevail.

International law Constitutional court powers Constitutionality of legislation Article 428 Establishment of constitutional court

CHAPTER 2. Constitutional Court Constitutional interpretation Article 429 When a judge, by virtue of his/her office or at the request of a party, considers that a legal norm is contrary to the Constitution or to international human rights instruments that provide for rights that are more favorable than those enshrined in the Constitution, it shall suspend the case and refer it for consultation to the Constitutional Court, which within no more than forty-five (45) days shall rule on the constitutionality of the norm. If the Court issues no ruling within the established time-limits, the affected party is entitled to file the corresponding complaint. The Constitutional Court is the supreme body for controlling, constitutionally interpreting and administering justice in this matter. It exercises national jurisdiction and its seat is in the city of Quito. The decisions related to the attributions provided for in the Constitution shall be adopted by the plenary of the Court. Protection of judges’ salaries

Article 430

The Constitutional Court shall enjoy administrative and financial autonomy. The law shall determine how it is organized, how it functions and the procedures for performing its duties.

Article 431

The members of the Constitutional Court shall not be subject to impeachment, nor can they be removed from office by those who appoint them. Nevertheless, they shall be subject to the same controls as other public authorities and shall be answerable for all their deeds or omissions in the performance of their duties. Without detriment to civil liability, in the event of criminal liability, they shall be charged by the Attorney-General of the Nation and tried by the full National Court of Justice, for which purpose a vote comprised of two third of its members shall be required. Their dismissal shall be decided upon by two thirds of the members of the Constitutional Court. The procedures, requirements, and causes shall be determined by law. Constitutional court term limits Constitutional court term length Article 432 The Constitutional Court shall be comprised of nine members, who shall perform their duties in the plenary court and in chambers in accordance with the law. They shall hold office for a term of nine years, without entitlement to immediate reelection, and two thirds of them shall be renewed every three years. The law shall determine the replacement mechanism in the case a standing member is absent. Eligibility for const court judges Article 433 To be designated member of the Constitutional Court, the following shall be required:

1. To be an Ecuadorian national and in possession of political rights.
2. To hold a university degree in law, legally recognized in the country.
3. To have practiced with notable rectitude the profession of attorney-at-law, judge or university instructor in law for a minimum often years
4. To demonstrate probity and ethics.
5. To not belong or have belonged, over the past ten years, to the executive board of any political party or movement. The law shall provide for the procedure to accredit these requirements. Establishment of judicial council Constitutional court selection

Article 434

The members of the Constitutional Court shall be designated by a qualification commission comprised of two persons appointed by each one of the following branches of government: the legislative, the executive, and transparency and social monitoring. Members shall be elected from among the candidates submitted by the above- mentioned branches of government, through a public examination process, with citizen oversight and option for challenging the process. In the membership of the Court, efforts shall be made to ensure parity between men and women. The procedure, terms and other elements of selection and qualification shall be determined by law. Article 435 The Constitutional Court shall select from among its members a Chair and Vice-Chair, who shall hold office for three years and who cannot be re-elected immediately. The Ecuador 2008 (rev. 2021) Page 112constituteproject.org PDF generated: 27 Apr 2022, 13:25 Chair shall act as the legal representative of the Constitutional Court. Constitutional court powers Article 436 The Constitutional Court shall perform the following duties, in addition to those granted to it by the law: Legal status of treaties

1. To be the supreme body for interpreting the Constitution and international human rights treaties ratified by the Ecuadorian State by its rulings and judgments. Its decisions shall be binding.
2. To hear and resolve public claims of unconstitutionality, based either on substantive or procedural grounds, filed against general regulatory acts issued by authorities of the State. The declaration of unconstitutionality shall lead to invalidation of the challenged regulatory act.
3. To declare, by virtue of its office, unconstitutional those norms that are related, when in those cases submitted to its examination it concludes that one or various of them are contrary to the Constitution. Ultra-vires administrative actions International organizations
4. To hear and resolve, at the request of a party, claims of unconstitutionality against general administrative acts issued by all public authorities. The declaration of unconstitutionality shall lead to the invalidity of the challenged administrative act.
5. To hear and resolve, at the request of the party, claims of noncompliance that are filed to guarantee enforcement of general administrative regulations or acts, regardless of their nature or hierarchy, as well for enforcement of rulings or reports from international organizations for the protection of human rights that are not enforceable through regular judiciary channels.
6. To issue judgments that constitute binding case law with respect to actions of protection, enforcement, habeas corpus, habeas data, access to public information and other constitutional processes, as well as those cases selected by the Court for review.
7. To arbitrate conflicts of jurisdictions or attributions among the branches of government or bodies established by the Constitution. Emergency provisions
8. To ensure, by virtue of its office and immediately, monitoring of the constitutionality of the declarations of state of emergency, when this involves the suspension of constitutional rights.
9. To hear and sanction failure to comply constitutional rulings and decisions.
10. To declare the unconstitutionality incurred by State institutions or public authorities that fail to observe, either totally or partially, the mandates contained in constitutional norms, within the time-limits set by the Constitution or within the time-limits deemed to be reasonable by the Constitutional Court. If this failure persists, after this time-limit has elapsed, the Court shall provisionally issue the regulation or enforce the observance, in accordance with the law. Ultra-vires administrative actions Right to appeal judicial decisions Constitutional court powers Article 437 Citizens individually or collectively shall be entitled to file a special petition for protection against judgments, final writs or resolutions that have the force of sentencing. For ruling on the admissibility of this appeal, the court shall check compliance with the following requirements:
11. That the judgments, writs and resolutions are final and fully enforceable. Guarantee of due process
12. That the complainant shows that, in the judgment, there has been a breach, either by deed or omission, of due process of law or other rights enshrined in the Constitution. Constitutional court powers Ecuador 2008 (rev. 2021) Page 113constituteproject.org PDF generated: 27 Apr 2022, 13:25 Article 438 The Constitutional Court shall issue a prior and binding ruling of constitutionality in the following cases, in addition to those stipulated by the law: Legal status of treaties Treaty ratification Referenda Constitutionality of legislation Constitutionality of legislation
13. International treaties, prior to their ratification by the National Assembly.
14. Calls to referendums nationwide or of decentralized autonomous governments.
15. Objections of unconstitutionality presented by the President of the Republic in the processing of drafting laws. Article 439 Constitutional proceedings can be filed by a citizen individually or collectively. Article 440 The rulings and decisions by the Constitutional Court shall be final and without recourse to appeal. Constitution amendment procedure CHAPTER 3. Amending the Constitution Unamendable provisions Article 441 The amendment of one or various articles of the Constitution that does not alter the fundamental structure or the nature and constituent elements of the State, does not set constraints on rights and guarantees, and does not change the procedure for amending the Constitution shall be carried out as follows: Referenda
16. By means of a referendum requested by the President of the Republic or by the citizenry with the backing of at least eight percent (8%) of the persons registered in the voter registration list.
17. At the initiative of a number accounting for no less than one third of the members of the National Assembly. The bill of amendment shall be processed in two discussions; the second discussion shall be held, without delay, no later than thirty (30) days after a year has elapsed since the start of the first debate. The amendment shall only be adopted if it is supported by two thirds of the members of the National Assembly. Unamendable provisions Referenda Article 442 Partial amendment not entailing any constraint on constitutional rights and guarantees or changing the procedure for amending the Constitution shall take place at the initiative of the President of the Republic or at the request of the citizenry with the backing of at least one percent (1%) of all citizens registered on the voter registration list or by a resolution passed by a majority of the members of the National Assembly. The constitutional amendment initiative shall be processed by the National Assembly in at least two discussions. The second discussion shall take place ninety (90) days at the latest after the first. The draft amendment shall be approved by the National Assembly. Once the bill for the constitutional amendment has been approved, a referendum shall be called within the following forty-five (45) days. For approval of the referendum, at least one half plus one of the valid votes cast shall be required. Once the amendment has been adopted by the referendum, within the seven following days, the National Electoral Council shall order its publication. Article 443 The Constitutional Court shall rule which of the procedures provided for in the present chapter pertains to each case. Ecuador 2008 (rev. 2021) Page 114constituteproject.org Referenda PDF generated: 27 Apr 2022, 13:25 Article 444 Installation of a Constituent Assembly can only be called by referendum. This referendum can be requested by the President of the Republic, by two thirds of the National Assembly or by twelve percent (12%) of the persons registered on the voter registration list. The referendum must include how representatives must be elected and the rules for the electoral process. The new Constitution, for its entry into force, shall require adoption by referendum with half plus one of all valid ballots cast. Transitional provisions Establishment of judicial council

TRANSITORY PROVISIONS

ONE. The legislative body, within a term of one hundred twenty (120) days as of the entry into force of this Constitution, shall pass the law that develops the system for food sovereignty, the electoral law, the law governing the Judicial Branch, the Judiciary Council, and the law that governs the Council for Public Participation and Social Control Within a maximum term of three hundred sixty (360) days, the following laws shall be passed:

1. The law governing the functioning of the Constitutional Court and the procedures for monitoring constitutionality.
2. The law governing water resources, water use and development, which shall include permits for current and future water use and development, their terms of duration, conditions, mechanisms for review and audit, to ensure the formalization and equitable distribution of this national asset.
3. The law governing public participation.
4. The law on communication.
5. The law governing education, higher education, culture and sports.
6. The law governing public services.
7. The law governing the Office of the Attorney for the Defense of the People.
8. The laws organizing data registration, in particular the vital statistics, mercantile and property registries. In any case, systems for cross- checking data and national databases shall be established.
9. The law governing territorial decentralization of the various levels of government and the system of jurisdictions, which shall incorporate procedures for the calculation and annual distribution of funds that decentralized autonomous governments shall be receiving from the General Budget of the State. This law shall set the time-limits for establishing autonomous regions.
10. Criminal law and the law for criminal procedures in military and police affairs.
11. The law governing public security and the State. The legal regulatory structure needed for the development of the Constitution shall be adopted during the first term of office of the National Assembly. TWO. The legislative body, within thirty (30) days after the entry into force of the present Constitution, shall designate, on the basis of a competitive and merit- based public examination, subject to the submittal of candidates, oversight and challenge by the public, the council persons of the first Council for Public Participation and Social Control, who shall remain provisionally in office until Ecuador 2008 (rev. 2021) Page 115constituteproject.org PDF generated: 27 Apr 2022, 13:25 TWO. enactment of the corresponding law. In this process, the norms and principles set forth in the Constitution shall be applied. The transition Council shall remain in office until the law governing its organization and functioning is passed and, within one hundred twenty (120) days, it shall draft the respective bill for consideration by the legislative body. THREE. The public servants of the Commission for Civic Control of Corruption and the National Anti-Corruption Secretariat, whose appointment and recall are not discretionary, shall become members of the Council for Public Participation and Social Control The existing superintendencies shall continue to hold office until the legislative body issues the respective laws. FOUR. The public servants of National Congress, except for those whose appointment and recall are discretionary, shall be transferred to provide their services to the National Assembly. The assets of the National Congress shall become part of the assets of the National Assembly. FIVE. The staff of officials and employees of the Constitutional Tribunal, except for those whose appointment and recall are discretionary, shall be transferred to the Constitutional Court, subject to a process of evaluation and selection. The assets of the Constitutional Tribunal shall be transferred to the Constitutional Court. The National Publishing Company and the Official Register shall be transformed into a state enterprise, which shall be autonomous, in conformity with the provisions of the present Constitution and the law. Their staff, assets and budget shall be transferred to the new institution.

Supreme court powers

SIX. The national councils for children and adolescents, persons with disabilities, women, indigenous peoples and nations, Afro-Ecuadorians and coastal back- country people (montubios) shall establish their own national councils for equality, for which purposes they shall adjust their structure and duties in line with the Constitution. SEVEN. Job security shall be ensured for the officials and employees of the current Supreme Court of Justice, National Judiciary Council, superior courts, district courts for administrative and fiscal dispute settlement, fiscal courts and criminal courts, who shall be relocated to posts of a similar rank and salary in the Judiciary Council, the National Court of Justice, the provincial courts and tribunals, respectively. EIGHT. The proceedings that are being ruled admissible by the members of the Supreme Court of Justice, as well as those that are being heard by police and military courts, shall be transferred to and resolved by the National Court of Justice. NINE. The Judiciary Council, within a term of no less than three hundred sixty (360) days as of its establishment, shall implement a new notary public service, in conformity with the present Constitution and the law. As of the entry into force of the present Constitution, the terms of office of standing, temporary, interim or alternate appointments of notary public attorneys are declared terminated. Within the term indicated in the first paragraph, invitations shall be made to public competitive and merit-based examinations for these offices, in conformity with the new constitutional framework. While these examinations are being conducted, the notary public attorneys shall remain in extended office until they are legally replaced. The facilities and documents of the notary offices belonging to the current notary structure shall be transferred to the new notary service. TEN. During the transition period, the criminal defense service shall continue to be under the Ministry of Justice, through the Transitory Unit for the Management of the Office of the Criminal Attorney for the Defense of the People, on whose Ecuador 2008 (rev. 2021) Page 116constituteproject.org PDF generated: 27 Apr 2022, 13:25 TEN. technical grounds the Office of the Attorney for the Defense of the People shall be organized, which must be established within two years, with priority given to public criminal defense, the defense of children and adolescents, and labor cases. ELEVEN. During the third year of office, lots shall be drawn among those who become members of the first National Electoral Council and the first Electoral Dispute Settlement Court, to determine who among their members should be replaced in conformity with the rule of partial renewal provided for by the present Constitution. The drawing of lots shall take place at a session where the invitation for the corresponding knowledge-based eliminatory public examinations and the competitive and merit-based public examinations is approved. The officials and employees of the Electoral Supreme Court and provincial electoral courts, whose appointment and recall are not discretionary, shall continue to hold office in the Electoral Branch of Government and shall be subject to a process of selection and qualification in line with the needs of the new institutions. In each province, electoral boards answerable to the National Electoral Council shall be temporarily established and they shall perform the duties that the latter instructs them to, as well as those stipulated by law. There shall be no lower- ranking bodies of the Electoral Dispute Settlement Court. Referenda TWELVE. Within forty-five days after the entry into force of the present Constitution, political parties and movements shall have to register once again with the National Electoral Council and shall be able to keep their names, symbols and number. THIRTEEN. The eradication of illiteracy shall constitute a State policy and, as long as this illiteracy persists, voting by illiterate persons shall be optional. FOURTEEN. On the basis of the General Budget of the State for the year 2009, the amount of transfers from the Central State to decentralized autonomous governments shall not be, in any case, lower than the amount allocated in the Budget of financial year 2008. FIFTEEN. The assets and liabilities, the officials and employees of the Provincial Council of Galapagos and the National Institute of Galapagos shall be transferred to the Government Council of the Special Governance System for the Galapagos. SIXTEEN. To settle conflicts involving territorial boundaries and matters of national belonging, the respective reports shall be submitted to the Office of the President of the Republic, which within two years as of the entry into force of the present Constitution shall submit, to the legislative body, the bill for setting territorial boundaries and, if appropriate, shall call for a referendum to settle conflicts of belonging. SEVENTEEN. The Central State, within two years after the entry into force of the present Constitution, shall finance and, in coordination with decentralized autonomous governments, shall draw up the geodesic map of the nation’s territory for establishing the urban and rural sector land registries (cadastres) for real estate property and land use planning processes at all levels as stipulated in the Constitution. EIGHTEEN. The State shall progressively allocate public resources from the General Budget of the State for initial basic education and secondary education leading to a high school diploma, with annual increments of at least zero point five percent (0.5%) of gross domestic product (GDP) until the share amounts to six percent (6%) of GDP. Until adoption of the General Budget of the State the year after the entry into force of the present Constitution, the State shall compensate public universities and polytechnic schools for the amount they shall no longer be receiving from charging tuition, registration fees, and other charges connected to the schooling of students. As of this moment, this funding shall appear in the General Budget of the State. Upon evaluation, only those private universities that, at the time of the entry into force of the present Constitution, are receiving allocations and revenues from the State, in accordance with the law, shall be entitled to continue receiving them in the future. These entities must submit reports accounting for the public funding received and shall allocate the resources provided by the State to grant Ecuador 2008 (rev. 2021) Page 117constituteproject.org PDF generated: 27 Apr 2022, 13:25 EIGHTEEN. scholarships to students from low-income households from the start of the course of studies. NINETEEN. The State shall conduct a comprehensive assessment of the one-teacher and multi-teacher public schools and shall adopt measures aimed at overcoming the precarious conditions of these schools and guaranteeing the right to education. In the course of three years, the State shall conduct an assessment of the functioning, final purpose and quality of public education processes and shall draw up adequate policies to improve and regularize the faculty. TWENTY. The Executive Branch shall set up an advanced institute aimed at promoting the practice of teaching and managerial, administrative, and support jobs in the national education system. The national educational authority shall be at the head of the institute in terms of academic, administrative, and financial duties. Within five years as of the entry into force of the present Constitution, all institutions of higher learning, as well as professional training courses, study programs and graduate programs must be evaluated and accredited in accordance with the law. If they do not pass the evaluation and accreditation, then they shall be outside the system of higher education. Radio Television TWENTY-ONE. The State shall encourage public sector teachers and instructors to retire by paying them compensation depending on their age and years of service. The maximum compensation shall amount to one hundred fifty (150) consolidated minimum wages for private-sector employees and to five consolidated minimum wages for the private-sector employee in general for years of service. The law shall govern the procedures and methods of calculation. TWENTY-TWO. The General Budget of the State aimed at funding the national health system shall be increased every year by a percentage of no less man zero point five percent (0.5%) of gross domestic product (GDP) until it accounts for at least four percent (4%) of GDP.

TWENTY-THREE. Within one hundred eighty (180) days as of adoption of the present Constitution, a financial institution shall be created, owned by the Ecuadorian Social Security Institute and responsible for the management of its funds, governed by investment banking criteria, for the purpose of creating jobs and added value. TWENTY-FOUR. Within a maximum term of thirty (30) days as of adoption of the present Constitution, the Executive Branch shall set up a commission to conduct an audit of radio and television broadcasting frequency concessions, the report of which shall be submitted within a maximum term of one hundred eighty (180) days. TWENTY-FIVE. The annual review of the minimum wage shall be conducted on the basis of a progressive scale until a decent wage is achieved, in accordance with the provisions of the present Constitution. The minimum wage shall tend to be equivalent to the cost of the basic household shopping basket. Universal retirement for the elderly shall be applied progressively. TWENTY-SIX. Within three hundred sixty (360) days as of the entry into force of the present Constitution, the concessions for the public services of water and sanitation shall be audited financially, legally, environmentally and socially. The State shall decide the term of validity, the renegotiation and, if appropriate, the termination of these concession contracts, in accordance with the provisions of the present Constitution and on the basis of the results of the audits. Users living in extreme poverty shall be forgiven any water use debts they might have incurred up until the entry into force of the present Constitution. TWENTY-SEVEN. The Executive Branch, within two years after the entry into force of the present Constitution, shall review the situation of access to irrigation water for the purpose of granting concessions, avoiding abuse and inequity in the fees charged for water use, and guaranteeing more equitable distribution and access, especially for small and medium-sized farm and cattle producers. TWENTY-EIGHT. The law governing the participation of decentralized autonomous governments in the share of the production or industrialization of nonrenewable natural resources cannot reduce the revenues provided for by Law 010 of the Fund for the Ecological Development of the Amazon Region and the Capacity Building of its Local Bodies or those provided for by the law allocating five percent (5%) of the revenues earned from the sale of electric power generated by the

TWENTY-EIGHT. hydropower stations of Paute, Pisayambo and Agoyan (Law 047) for the benefit of the provinces of Azuay, Canar, Morona Santiago, and Tungurahua. TWENTY-NINE. Shares and equity interests owned by the financial system’s private entities, or by national private media entities, their directors and principal shareholders in entities from a different industry, shall be sold within a period of one year after the enactment of this reform in a referendum. The shares held by the legal entities of the financial sector, their legal representatives and the members of their boards of directors and shareholders who have a share in the paid-in capital of the media must be expropriated within two years as of the entry into force of the present Constitution. Reference to fraternity/solidarity THIRTY. The Solidarity Fund, within three hundred sixty (360) days, prior to its liquidation, shall transform into state enterprises all those private-sector enterprises in which it is a shareholder. To this end, it shall order that these enterprises previously carry out a detailed inventory of their assets and liabilities and immediately outsource the implementation of audits, whose results shall serve as the groundwork for their transformation. The State shall guarantee the funding of the social services provided by the Solidarity Fund, especially those ensuring free maternity and child care services, as well as the resources earmarked by this institution for human development programs currently being implemented, until their completion. Financial investments and disposable cash assets of the Solidarity Fund shall be reinvested at the time of its termination in the state enterprises that are created or they shall be transferred to the Central State. The remaining assets of the Solidarity Fund shall be transferred to the institution that is set up by executive decree. Telecommunications

Investment projects in the electric power and telecommunication sectors that are approved and being implemented in keeping with Constitutional Mandate number nine shall be transferred to the electric power and telecommunication utilities that are established by virtue of the present transitory provision, with the balances of the respective budget allocations earmarked for their completion and liquidation. Once the above provisions have been complied with and within a maximum term of three hundred sixty (360) days, the Solidarity Fund shall be terminated.

GENERAL PROVISIONS ONE. Articles 2, 4, and the Second Transitory Provision of the constitutional amendments approved on December 3, 2015, by the National Assembly are left without effect from their approval. TWO. Popularly elected authorities that have already been re-elected since the Montecristi Constitution came into force will not be able to run for the same office. REPEAL PROVISION The Political Constitution of the Republic of Ecuador published in Official Register number one on the eleventh of August 1998, and all provisions contrary to the present Constitution are hereby repealed. The remaining legal structure shall remain in force as long as it is not contrary to the Constitution. Transitional provisions Ecuador 2008 (rev. 2021) Page 119constituteproject.org PDF generated: 27 Apr 2022, 13:25 TRANSITION SYSTEM CHAPTER 1. Nature of the transition Article 1 If the people adopt, in a Ratification Referendum, the Political Constitution of the Republic, the provisions set forth in the present Transition System shall be applied. CHAPTER 2. Elections Article 2. Responsibility for elections The process of electing public officials indicated in the present transition provisions shall be organized and directed by the National Electoral Council. Article 3. General elections The National Electoral Council, in a maximum term of thirty (30) days as of its investiture, on the basis of the provisions of the law, shall convene general elections to designate the following public offices:

1. President and Vice-President of the Republic. Regional group(s)
2. Five (5) representatives to the Andean Parliament.
3. Members of the National Assembly elected by provincial districts, the national district and the special district for those living abroad. In each province, two Assembly persons shall be elected, plus one Assembly person for every two hundred thousand (200,000) inhabitants or fraction over fifty thousand (50,000); fifteen (15) national Assembly persons; and six (6) for Ecuadorians residing abroad, on the basis of the following breakdown: two for Europe, the Pacific Rim and Asia; two for Canada and the United States; and two for Latin America, the Caribbean and Africa. Subsidiary unit government Municipal government
4. Provincial prefects and deputy prefects.
5. Mayors.
6. Five (5) and a maximum of fifteen (15) council persons in each canton, as provided for in Article 27 of the Organic Law of the Municipal System. Municipal government
7. Five (5) members in each one of the rural parish boards, and the one obtaining the highest number of votes cast shall be Chair. Application of the above provisions shall be based on the latest population census. Subsidiary unit government Article 4. Submittal of candidacies In these elections, political organizations and alliances participating in the election of Assembly persons shall be entitled to submit candidacies. Other political organizations are also entitled to submit candidacies, for which purpose they must show support based on a list of signatures accounting for one percent (1%) of the citizens on the corresponding voter registration list. To this end, the National Electoral Council shall provide the necessary forms. The mum-persons candidacies shall be submitted in complete slates with principal candidates and their respective alternates. The slates shall be established in an Ecuador 2008 (rev. 2021) Page 120constituteproject.org PDF generated: 27 Apr 2022, 13:25 egalitarian fashion with a sequence of woman, man or man, woman until the total number of candidates has been completed. Article 5. Form of voting Voters shall choose the candidates of their choice as follows:
8. On the ballots for President and Vice-Present, Members of the Andean Parliament, Prefects and Deputy Prefects, and Mayors, by checking the box on the slate.
9. On the ballots for National Assembly Persons, Provincial Assembly Persons, Assembly Persons from the Special District of Persons Living Abroad, Council Persons and Members of Rural Parish Boards, by checking the boxes of the candidates from one or various slates. Article 6. Allocation of seats To award seats, the following provisions shall be applied:
10. In the elections of President and Vice-President of the Republic, as provided for in the Political Constitution of the Republic. Municipal government
11. In the elections of the Prefects and Deputy Prefects, as well as for the mayors, the winners shall be those who earn the highest number of votes.
12. In the elections of members of the Andean Parliament, the following procedure shall be applied: a. The votes achieved by each one of the slates shall be added up. b. These results are divided for the series of numbers 1, 3, 5, 7, 9, 11,… until there are as many quotients as there are positions to be allocated. c. The quotients obtained are ranked from highest to fewest; to each slate shall be assigned the positions that correspond to it, in accordance with the highest quotients. d. Once the above procedure has been duty completed, if all the quotients correspond to one single slate, the last position shall be assigned to the slate that follows it in terms of votes. e. In the case of a tie, lots shall be drawn to define the winning slate of the position. f. The seats achieved by the slates shall be allocated to the candidates according to the order on the slate.
13. In the elections for national Assembly persons, provincial Assembly persons, and Assembly persons representing nationals living abroad, municipal council persons and members of rural parish boards, the following procedure shall be used: 4.1. In those voting precincts where two (2) public officials are elected, the first position shall correspond to the slate that obtains the highest number of votes; the second position shall correspond to the one that follows in terms of votes, as long as it accounts for at least 35% of the votes of the above-mentioned slate; otherwise both positions shall correspond to the most voted slate. 4.2. Where three (3) or more public officials are elected, the following steps shall be taken: a. The votes obtained by the candidates from each one of the slates shall be added up. b. These results shall be divided for the series of numbers 1, 3, 5, 7, 9, 11,… until both quotients and positions to be assigned are obtained. Ecuador 2008 (rev. 2021) Page 121constituteproject.org PDF generated: 27 Apr 2022, 13:25 4.2. c. The quotients obtained are ranked from highest to lowest; to each slate shall be assigned the positions pertaining to it, on the basis of the highest quotients. d. Once the above procedure has been duly completed, if all the quotients correspond to one single slate, the last position shall be assigned to the slate that follows in terms of voting. e. If there is a tie, lots shall be drawn to determine the winning slate of the position. f. The seats earned by the slate shall be assigned to the candidates with the highest number of votes from each slate. Municipal government Article 7. Urban and rural precincts For the elections of council persons in the cantons, there shall be two types of voting precincts, an urban precinct and a rural precinct, comprised of the voters of the urban and rural parishes, respectively. In each precinct, the number stemming from multiplying all council persons of the canton by the percentage of the population of the corresponding precinct shall be elected. The figure shall be rounded out to the closest whole number. When the amount does not amount to one, then one single council person shall be elected in the precinct. In those cantons that do not have rural parishes, there shall be one single voting precinct, where all the council persons shall be elected. Article 8. Voter registration list The voter registration list shall be drawn up on the basis of the provisions of the Constitution. The time-limits set in the Organic Law for Elections for updating residence information and drawing up the voter registration list shall be observed. Article 9. Timetable and terms of office Public officials elected by universal suffrage shall start their terms of office as follows and on the basis of the following timetable:
14. The National Assembly, without the need for prior call, shall meet thirty (30) days after the results of the elections of all public offices have been announced. On that same date, prefects and deputy prefects, mayors, council persons and members of rural parish boards shall begin their respective terms of office. Regional group(s)
15. The representatives to the Andean Parliament shall be sworn into office before the National Assembly five (5) days after it is installed.
16. The President and Vice-President of the Republic shall start their term of office ten (10) days after installation of the National Assembly, before which they shall be sworn into office. Regional group(s) The President and Vice-President of the Republic shall complete their term of office at the head of the government on May 24, 2013; the members of the Andean Parliament shall complete their terms of office on May 19, 2013; and the members of the National Assembly, on May 14, 2013. So that national and local elections are not held at the same time, the following two terms of office for prefects and deputy prefects, municipal council persons and members of rural parish boards, for this period and the next, shall end on May 14, 2014 and May 14, 2019. Article 10. Calculating terms of office The term of office of the public officials elected on the basis of the provisions of the Transition System shall be considered their first term of office for all legal purposes. Ecuador 2008 (rev. 2021) Page 122constituteproject.org Subsidiary unit government Municipal government Regional group(s) PDF generated: 27 Apr 2022, 13:25 Article 11. Termination of term of office The President and Vice-President of the Republic, the members of the Andean Parliament, prefects, mayors, council persons of the majority or minority, members of rural parish boards who are holding office at the time of the Ratification Referendum shall end their terms of office on the dates when those who were elected on the basis of the regulatory provisions of the Transition System are sworn into office. Article 12. Control over electoral and campaign spending For this process, Article 10 of the Organic Law on Control over Electoral and Campaign Spending is applicable, using the following values for the corresponding calculation: a. Election of the President and Vice-President of the Republic: zero point fifteen dollars (US$0.15); b. Election of members of the Andean Parliament: zero point zero five dollars (US$0.05); c. Election of national and provincial Assembly persons and prefects: zero point fifteen dollars (US$0.15); d. Election of Assembly persons representing nationals living abroad: zero point thirty dollars (US$0.30); e. Election of mayors: zero point fifteen dollars (US$0.15); f. Election of council persons: the maximum amount shall be sixty percent (60%) of the amount set for the respective mayor; g. Election of members of parish boards: zero point thirty dollars (US$0.30. Where the law refers to congresspersons, it means Assembly persons. Radio Television Article 13. Campaign funding The State, through the budget of the National Electoral Council, shall exclusively fund electoral campaigning in the press, on radio and television and on commercial billboards for all one-person or multiperson candidacies, except for those of rural parish boards. Article 14. Prohibition to engage in campaigning During the electoral campaign, in observance of constitutional and legal provisions, it is forbidden for State offices and institutions to carry out political campaigning activities or advertising or to use their assets and resources for these purposes. Radio Television Private outsourcing of political campaigning activities and advertising about the electoral process in the press, on the radio or television, or on commercial billboards is also forbidden. Candidates and political organizations cannot make donations, bribes, or gifts to citizens. Article 15. Enforcement of provisions The bodies of the Electoral Branch of Government shall enforce all the provisions of the Constitution, the Organic Law of Elections and all other related laws, as long as they are not contrary to the present regulatory framework and contribute to complying with the electoral process. This enforcement extends to imposing sanctions for failure to comply with, breaches of, or offenses against these provisions. If necessary, in the framework of their jurisdiction, they can also set the standards needed to enforce the new constitutional system. Ecuador 2008 (rev. 2021) Page 123constituteproject.org PDF generated: 27 Apr 2022, 13:25 CHAPTER 3. Institutional transition Article 16. Transition process Once the Constitution has been adopted and for the purpose of facilitating the institutional changes it envisages, the transition process provided for in the regulations indicated below shall be implemented. Article 17. Legislative Branch of Government The terms of office of the standing and alternate congresspersons who were elected on October 15, 2006 are hereby terminated. Five days after announcing the results of the Ratification Referendum, the Constituent Assembly shall meet to set up the Legislative and Auditing Committee, making efforts to uphold the political proportionality that prevailed in the plenary of the Constituent Assembly. This Legislative and Auditing Committee shall perform the duties of the National Assembly as provided for in the Constitution, until the Assembly persons are elected and sworn into office, as provided for in the present Transition System. Article 18. Electoral Branch of Government For the purpose of facilitating the immediate holding of elections as provided for in the present Transition System, the Constituent Assembly shall designate those who shall provisionally comprise the National Electoral Court and the Electoral Dispute Settlement Court. Members of these bodies so designated shall be replaced by those who win the competitive processes provided for by the Constitution. The selection process shall start once the election process has been completed. Article 19 The officials and employees of the Electoral Supreme Tribunal and the provincial electoral tribunals whose appointment and recall are not discretionary shall continue to perform their duties in the Electoral Branch and shall be subject to a process of selection and qualification in keeping with the needs of the new bodies. The assets of the Supreme Electoral Tribunal shall be transferred to the assets of the Electoral Branch. Article 20. Judiciary Council The current Plenary of the Judiciary Council is dissolved. In its stead, a Transitional Judiciary Council is created and comprised of three designated delegates and their respective deputies. Appointments of such delegates and deputies shall be made: one by the President of the Republic, one by the National Assembly and one by the Transparency and Social Control Agency. All delegates and deputies shall be subject to impeachment. The transitional Judiciary Council shall have all the powers established in the Constitution as well as those included in the Judicial Function Code (Código Orgánico de la Función Judicial), and shall serve for a period of 18 month, which may not be extended. The definitive Judiciary Council shall be created by the procedure established in Article 179 of the amended Constitution. The Council for Public Participation and Social Control shall ensure that the members of the new Judiciary Council are appointed prior to expiry of the 18 months’ period of the Transitional Judiciary Council’s service. The merits and opposition selection process organized by the Council for Public Participation and Social Control for the appointment of the Judiciary Council’s new members shall no longer be in force. Ecuador 2008 (rev. 2021) Page 124constituteproject.org PDF generated: 27 Apr 2022, 13:25 The First Transitory Provision of the Judiciary Code (Código Orgánico de la Función Judicial) shall be suppressed (deleted). Article 21. National Court of Justice Ten (10) days after announcing the results of the Ratification Referendum, the terms of office of the thirty-one (31) judges of the Supreme Court of Justice shall be terminated. The National Electoral Court shall organize a public drawing of lots among the thirty- one (31) judges to choose the twenty-one (21) judges who shall be entrusted with the duties and responsibilities of the National Court of Justice, until the standing judges are designated on the basis of the procedures provided for by the Constitution.

Article 22

Once the law governing the establishment and functioning of the Judiciary Council has been enacted, this body shall set up the National Court of Justice and it shall also proceed to organize the Provincial Courts of Justice and the District and Criminal Courts, designating their members.

Article 23

With the partial renewal of the National Court of Justice, which shall take place after 3 years, the judges who must leave office shall be chosen on the basis of their performance evaluation. Those who have the lowest performance scores shall have their duties terminated.

After 6 years, when the following partial renewal takes place, the seven judges who will have to leave office are those seven who have the lowest performance scores from among the fourteen judges remaining from the first group. The seven best judges shall remain in office nine years. Article 24. Job security of officers of the judiciary The job security of the staff of the judiciary whose recall is not discretionary, of the Supreme Court of Justice, the superior courts and district courts shall be guaranteed; they shall be relocated to positions with a similar salary in the National Court of Justice, provincial courts and chambers, respectively, after an evaluation and selection process.

Article 25. Constitutional Court

Once the new Legislative, Executive and Transparency and Social Control Branches of Government have been established, the qualification commission shall be organized to designate the judges that shall comprise the first Constitutional Court. Each branch shall propose at least nine (9) candidates. The rules and procedures for this competitive process shall be kid down by the Council for Public Participation and Social Control. When it is time for renewal of the first third of the judges comprising the Court, lots shall be drawn to decide which judges must leave office. When it is time to renew the second third, lots shall be drawn among the six (6) judges who stayed from the first round of renewal.

Article 26

The employees of the Constitutional Tribunal, except for those whose appointment and recall are discretionary, shall continue to be employed by the Constitutional Court, after an evaluation and selection process.

Article 27. Transition of other entities

The terms of office of the members of the National Judiciary Council, the Constitutional Court and the Supreme Electoral Court shall end when the members of the new Judiciary Council, the members of the Constitutional Court, the council persons of the National Electoral Council and the members of the Electoral Dispute Settlement Court are sworn into office. Their selection shall take place in conformity with the provisions of the Transition System and the Constitution.

Article 28.

Term of office of the provisional designations The provisional designations made by the Constituent Assembly for holding the following offices, that is, Comptroller General, State Prosecutor, Attorney-General, Human Rights Ombudsman, Superintendents of Telecommunications, Companies, Banks and Insurance shall remain in force until, in accordance with constitutional norms, their replacements are designated.

Article 29. Council for Public Participation and Social Control The Legislative Committee, within fifteen (15) days after its establishment, shall launch a competitive and merit-based public examination process for the designation of the members of the Council for Public Participation and Social Control Once this Council has been established, it shall organize the 216 respective citizen selection commissions to choose the authorities and officials as provided for by the Constitution and law. Until the law is enacted, the Council for Public Participation and Social Control shall regulate the establishment of the citizen selection commissions and shall issue the regulations for each competitive process, which shall be convened after the investiture of the officials elected by universal suffrage referred to by the Transition System. It shall also have the power to designate the representatives of the Transparency and Social Control Branch of Government, in the citizen selection commissions. The Council for Public Participation and Social Control, within one hundred twenty (120) days as of its investiture, shall draft a bill for an organic law governing its organization and functioning, which shall be submitted as a proposal to the National Assembly for its consideration.

Article 30

The public servants of the Commission for the Civil Control of Corruption and the National Anti-Corruption Secretariat whose appointment and recalled are not discretionary, shall become part of the Council for Public Participation and Social Control.

The assets of the Commission for the Civic Control of Corruption shall be transferred to the assets of the Council for Public Participation and Social Control

FINAL PROVISION The present Constitution, adopted by referendum by the Ecuadorian people, shall enter into force the day it is published in the Official Register.