In particular, the action for amparo is inadmissible and shall be rejected outright when it is filed with
regard to:
a) Legislative acts issued by a public authority, such as organic and ordinary laws, decree-laws,
decree, ordinances, statutes, regulations and decisions that are binding (erga omnes), because, in
order to suspend their effects owing to violation of the Constitution, in substance or in form, the
action on unconstitutionality is the appropriate mechanisms, and this must be filed before the
Constitutional Tribunal.150
E.
Refusal to admit the remedies of amparo filed by several members of the
Constitutional Tribunal who were terminated
101. As already indicated (supra para. 50), according to article 276 of the Constitution,
the Constitutional Tribunal was competent to rectify the unconstitutional acts of the other
branches of the State, and to make a final ruling, on the actions for judicial protection and
other jurisdictional guarantees. Five of the members of the Constitutional Tribunal who were
removed filed a remedy of amparo against the decision of Congress to remove them from
office of November 25, 2004 (supra para. 63).
102. On December 7, 2004, the Twelfth Civil Court of Pichincha issued a decision on the
remedy of amparo filed by Luís Vicente Rojas Bajaña, a member of the Constitutional
Tribunal who had been terminated. In this decision, it decided “not to admit for processing
[the said] constitutional remedy,” based on the ruling of the Constitutional Tribunal of
December 2, 2004, and indicated that, “in this case, the action on unconstitutionality can be
filed before the Constitutional Tribunal.”151
103. Likewise, on December 13, 2004, the First Civil Court of Pichincha issued a decision
on the remedy of amparo against Resolution No. R-25-160 of the National Congress filed by
Miguel Ángel Camba Campos, a member of the Constitutional Tribunal who had been
terminated. In this remedy, he argued that the National Congress had removed him by
means of a “simple parliamentary resolution” on November 25, 2004, “without respecting
due process of law […] established in the Constitution.” In this regard, he indicated that: (i)
“[e]ven though the creation of a majority, and the decisions adopted by the National
Congress are inherent expressions of the democratic system, the majority is obliged to be
particularly faithful to the Constitution […]; (ii) “all the formalities and procedures [had]
been complied with […] to ensure that his appointment [as a member of the Constitutional
Tribunal] had not only formal validity, but also the legitimacy without which mere formalism
has no value”; (iii) the “exercise of the functions of judge […] by legal and constitutional
mandate should have a term of four years, which can only be interrupted by an
impeachment proceeding that concludes with censure and dismissal”; (iv) “in this case, not
only was the filing of objections in the context of the impeachment proceeding prevented
[with the termination decision], but matters reached the dangerous extreme of preventing
the trial itself, thereby denying any possibility of exercising the right of defense that […]
belongs [to] legally appointed judges,” and (v) “there is no legal or constitutional provision
that [would] allow the National Congress to remove the members of the Constitutional
Tribunal with a mere parliamentary decision; therefore, they c[ould] not do this; such an
act, far from constituting an exercise of legislative powers, degenerate[d] into an unlawful
administrative act, because […] it [was] not based on any legal provision.”152
150
Cf. Ruling of the Supreme Court of Justice of June 27, 2001 (file of annexes to the report, tome III, folios
1068 and 1069).
151
Cf. Decision of the Twelfth Civil Court of Pichincha of December 7, 2004 (file of annexes to the report,
tome III, folios 1073 and 1074).
152
First Civil Court of Pichincha, remedy of amparo of December 13, 2004 (file of annexes to the report, tome
III, folios 1076 to 1081).
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