country’s institutional framework. The referendum authorized amendments to the
Constitution and, also, constituted the basis for convening a Constituent Assembly.
(...)
The referendum has held on May 25, 1997, and the answers to all the questions of the
consultation were mostly in the affirmative.
(...)
As previously mentioned, the referendum also accepted the creation of a National Constituent
Assembly. (...) The Assembly approved the New Constitution of the Republic of Ecuador, which
was published on August 11, 1998.
The new Constitution contained norms to guarantee judicial independence. First, it
established the principle of the separation of powers and of judicial independence in article
199. Second, it determined that, in public law, the public authorities could only do what is
established in the Constitution and took away the competence of the National Congress to
examine matters relating to the Judiciary.2
B.
Relevant Legal Framework
31.
The Political Constitution of the Republic of Ecuador of 19983 stipulates, so far as is relevant:
Article 130. The National Congress shall have the following duties and powers:
9. To proceed to impeach, at the request of at least one quarter of the members of the National
Congress, (...) the members of the Constitutional Tribunal and of the Supreme Electoral Tribunal,
during the exercise of their functions and up to one year after their term has concluded.
(...) may be impeached for statutory or constitutional offenses, committed in the performance of their
functions. Congress may censure them in the case of a declaration of guilt, by a majority of its members.
The censure shall result in the immediate removal of the official, except in the case of State Ministers,
when it shall be for the President of the Republic to decide whether they stay in office.
11. Appoint (...) the members of the Constitutional Tribunal and the Supreme Electoral
Tribunal (...) examine their requests or resignations, and designate their replacements.
In the cases in which the appointments require a list of candidates, such must be submitted
within twenty days following the vacancy of the position. Should such lists not be received
within this period, Congress shall proceed with the appointments, without them.
The National Congress shall make the appointments within thirty days as from the date of reception of
each list of candidates. Should it fail to do so, the candidate appearing first on the list named will be
considered appointed.
Article 209. The Supreme Electoral Tribunal, based in Quito and with jurisdiction in the national
territory, is a legal entity under public law. It shall enjoy administrative and economic autonomy, for
its organization and in the fulfillment of its functions of organizing, directing, monitoring and
guaranteeing the electoral processes, and hold accountable political parties, movements, organizations
and candidates on the amount, origin and destiny of the resources used in the electoral campaigns.
Its organization, duties and attributions will be determined by law.
I/A Court H.R., Case of the Constitutional Tribunal (Camba Campos et al.) v. Ecuador. Preliminary Objections, Merits, Reparations and
Costs. Judgment of August 28, 2013. Series C No. 268, paras. 40-49 (original footnotes omitted).
3 Political Constitution of the Republic of Ecuador of 1998.
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