congressman Roberto Rodríguez to include on the agenda the election of the Second Deputy Speaker of the National Congress and other senior officials.”63 59. At the start of the session, several members of Congress mentioned that a decision was pending to terminate the members of the Constitutional Tribunal for a presumed error in their appointment. For example, congressman Haro Páez indicated that the “PRE-PRI Alliance, which has been called the constitutionalist Parliamentary bloc, had already prepared a draft decision that was not only related to the Constitutional Tribunal and the Supreme Electoral Tribunal, but would also declare the termination of the Attorney General and the country’s courts of justice.”64 60. Subsequently, two items on the agenda were discussed.65 When that discussion was concluded, congresswoman María Augusta Rivas filed a motion to submit the termination of the members of the Constitutional Tribunal to debate owing to the presumed illegal way in which they had been appointed on March 19, 2003, which entailed adding a new item to the agenda.66 In this regard, several members of Congress indicated that changing the agenda was contrary to parliamentary procedure.67 61. Following the intervention of several members, Congress approved Resolution No. R25-160, deciding that the appointment of the titular members of the Constitutional Tribunal and their alternates in 2003 had been illegal, and terminating their term of office, by 55 votes in favor and 34 abstentions.68 62. Resolution No. R-25-160 stipulated: THE NATIONAL CONGRESS 63 Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folio 126). 64 Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folio 134). 65 Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folios 129 to 346). 66 Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folios 347 to 349). 67 National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folios 133, 138, 154 and 166). In this regard, congressman Haro Paez indicated that “[y]esterday, when the session of the Ecuadorian parliament had just commenced, congressman Roberto Rodríguez asked for a change in the agenda; according to article 51 of the rules of procedure governing the sessions, this was not possible because, also, it was not possible to discuss the request concerning the appeal to the Speaker of the National Congress.” In addition, congressman Landázuri Carrillo stated that “[a]t the start of the session, with a single item on the agenda, congressman Roberto Rodríguez requested the inclusion of another item on the agenda, a situation that was contrary to the Constitution, the law and the rules of procedure. However, the Speaker of the National Congress must facilitate the will of the majority, even when, in many cases, that majority jeopardizes the Constitution and the law.” Congressman Carlos Torres Torres affirmed that “[t]he pertinent part of article 87 states: ‘The agenda of these sessions shall be prepared based on the matter or matters that led to calling for the session, and may not be changed.’ We are violating this, Mr. Speaker. This is why the appeal to the Speaker of the National Congress, Guillermo Landázuri, is not in order.” Furthermore, congressman Bustamante Vera stated that “[t]herefore, Mr. Speaker, it is evident that the agenda of yesterday’s session could not have been altered for any reason, because this regular session, Mr. Speaker, let me remind you, is the continuation of yesterday’s session as you stated when closing that session at 2.15 p.m. Consequently, Mr. Speaker, how is that here, on this agenda, which should have been yesterday’s agenda, a second item appears which states discussion and resolution on the motion of congressman Roberto Rodríguez to include on the agenda the election of the second Deputy Speaker of the National Congress and other senior officials.” 68 Cf. National Congress Record No. 24-323 of November 25, 2004 (file of annexes to the report, tome I, folio 418). 21

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