constitutional rank.188 The nature, composition, functions and functioning of the Constitutional Court are regulated in articles 429 to 440 of the 2008 Constitution,189 and the 2009 Organic Law on Jurisdictional Guarantees and Constitutional Control. 190 The 2008 Constitution establishes that the members of the Constitutional Court shall not be subject to impeachment.191 VIII JUDICIAL GUARANTEES, THE PRINCIPLE OF LEGALITY, POLITICAL RIGHTS, DOMESTIC LEGAL EFFECTS, EQUALITY BEFORE THE LAW, AND JUDICIAL PROTECTION 122. In this Chapter, the Court will proceed to analyze the arguments presented by the parties and the Commission, and also to develop the legal considerations pertinent to this case. Initially, it will summarize the (A) Arguments of the Commission and of the parties and then set out the (B) Considerations of the Court concerning the Inter-American Court’s case law on judicial guarantees in relation to impeachment (1), and then analyze the alleged violations of the said guarantees in relation to the termination and the impeachments (2). Next, the Court will examine the standards for judicial independence, as well as their institutional aspect (3). Subsequently, the Court’s considerations on judicial protection (4), and on the right to equality (5) will be defined. A. Arguments of the Commission and of the parties 1. Arguments on judicial independence, competence, and political rights 123. Regarding the decision to terminate the members of the Constitutional Tribunal, the Commission argued that “imposing a de facto sanction without the possibility of being able 188 Cf. Case of the Supreme Court of Justice (Quintana Coello et al.) v. Ecuador, para. 101. 189 Constitution of the Republic of Ecuador, 2008: Art. 429. The Constitutional Court is the highest organ for the control and interpretation of the Constitution, and for the administration of justice in this area. It has national jurisdiction and its seat is in Quito. Decisions on the attributes established in the Constitution shall be adopted by the Court in plenary. Art. 432. The Constitutional Court shall be composed of nine members who shall exercise their functions in plenary sessions and in chambers pursuant to the law. Their term of office is nine years, without immediate re-election, and a third of the members shall be renewed every three years. The law shall determine the mechanism for replacing an absent member. Art. 433. The requirements for appointment to the Constitutional Court are: […] 5. Not to belong or have belonged to the executive committee of any political party or movement for the past 10 years […]. Art. 434. The members of the Constitutional Court shall be appointed by a Qualifications Committee which shall be composed of two persons designated for each function – legislative, executive, and social transparency and control. The selection of the members shall be made from among the candidacies submitted by the aforesaid functions, by means of a public competition procedure, with oversight and the possibility of challenges by the citizenry. The composition of the Court shall endeavor to ensure parity between men and women. The procedure, time frames and other elements of qualification and selection shall be determined by law. 2008 Constitution of the Republic of Ecuador (file of annexes to the answering brief in the Case of the Supreme Court of Justice (Quintana Coello et al.), tome I, folio 3560). 190 Cf. Organic Law on Jurisdictional Guarantees and Constitutional Control (file of annexes to the answering brief, tome I, folios 3553 to 3607). 191 Constitution of the Republic of Ecuador, 2008, art. 431. The members of the Constitutional Court shall not be subject to impeachment and may not be removed by those who appoint them. However, they shall be subject to the same controls as the other public authorities and shall be held accountable for any acts or omissions they commit in the exercise of their functions. Without prejudice to civil responsibility, in case of criminal responsibility, they shall only be accused by the Prosecutor General and tried by the National Court of Justice in plenary and, to this end, the affirmative vote of two-thirds of its members shall be required. Their dismissal shall be decided by two-thirds of the members of the Constitutional Court. The procedure, requirements and grounds shall be determined by law (file of annexes to the answering brief of the Case of the Supreme Court of Justice (Quintana Coello et al.), tome I, folio 3560). 39