102. Article 182 of the 2008 Constitution created the National Court of Justice, comprised of twenty-one (21) judges appointed for a nine-year term of office, after which they could not be reelected. 173 The duties of the National Court of Justice included “[t]o hear appeals for cassation, review and others provided for by law”, “[t]o develop the system of case law precedents based on triple reiteration rulings”, “[t]o hear cases that are filed against public servants who benefit from immunity” and “[to] submit bills concerning the system to administer justice.” 174 It is also important to emphasize the provision contained in Article 187 of that Constitution, which states the following: “Article 187. - The public servants of the judiciary shall be entitled to remain in their posts as long as there are no legal grounds for dismissing them; they shall be subject to individual and periodic evaluation of their performance, in line with technical parameters drawn up by the Judiciary Council and subject to social control. Those who do not comply with minimum requirements shall be dismissed.” 175 103. As a transitory measure, the Constitution established that any proceedings being heard by members of the old Supreme Court of Justice would be transferred to, and ruled on, by the National Court of Justice. 176 Furthermore, it reduced the number of judges of the newly named National Court of Justice from 31 to 21 members. VIII JUDICIAL GUARANTEES, PRINCIPLE OF LEGALITY, POLITICAL RIGHTS, DUTY TO ADOPT PROVISIONS OF DOMESTIC LAW, EQUALITY BEFORE THE LAW AND JUDICIAL PROTECTION 104. In this chapter, the Court will examine the arguments presented by the parties and the Commission, and will develop the legal considerations pertinent to this case. Initially it shall refer to A) the arguments of the Commission and of the parties in order to B) initiate considerations regarding judicial independence, the right to be heard, jurisdiction and political rights (1). Subsequently the Court will elaborate on its considerations regarding judicial protection (2) and the right to equality (3). A. Arguments of the Commission and of the parties 1. Arguments on judicial independence, jurisdiction and political rights 105. The Commission stressed that “at the time of the facts […], although the Constitution stipulated the duration - indefinite - of a Supreme Court justice’s mandate and established the system to be used to fill vacancies, there were no legal regulations dealing with those 172 “The rights and guarantees established in the Constitution and in international human rights instruments shall be applied directly and immediately.” Article 182 of the Constitution of the Republic of Ecuador 2008 (File of attachments to the answer brief, volume I, page 3526). 173 Article 182 of the Constitution of the Republic of Ecuador 2008 (File of attachments to the answer brief, volume I, page 3526). 174 Article 184 of the Constitution of the Republic of Ecuador 2008 (File of attachments to the answer brief, volume I, page 3526). 175 Article 187 of the Constitution of the Republic of Ecuador 2008 (File of attachments to the answer brief, volume I, page 3527). 176 Transitory Provision 8 of the Constitution of the Republic of Ecuador (File of attachments to the answer brief, volume I, page 3563). 35