established by the Constitution. 77 Moreover, that Constitution did not grant the National Congress the authority to decide matters pertaining to the judiciary. 78 66. Furthermore, as the proven facts in this case show, Article 129 of the Reforms to the Constitution issued on July 23, 1997, was essentially reproduced in Article 202 of the Constitution adopted by the National Constituent Assembly in 1998. Regarding the appointment and term of office of the judges of the Supreme Court of Justice, it maintained the indefinite term of appointment and the cooptation system to fill vacancies. 79 The aforementioned Article 202 established the following: Article 202. The judges of the Supreme Court of Justice shall not be subject to a fixed period in their positions. Their duties shall be terminated for the reasons set forth in the Constitution and in law. When a vacancy arises, the plenary of the Supreme Court of Justice shall appoint the new judge, with a vote in favor of two-thirds of its members, with due consideration of the criteria of professionalism and judicial career, as provided for by law. Appointments shall be made, alternately, from professionals who have served in the judiciary, as university professors or in free professional exercise, in that order. 67. As to the dismissal of certain authorities, the Constitution’s transitory provisions established that: Twenty-five- Officials and members of agencies appointed by the National Congress and the Comptroller General of the State for a four-year period as of August 10, 1998, under the provisions of this Constitution, shall remain in those positions until January. 80 As stated in the Judgment, the Supreme Court of Justice, in exercise of its constitutional 81 and legal 82 authority, regulated some aspects of the cooptation procedure in order to ensure effective participation by civil society organizations. It established that, should a vacancy occur, the President of the Supreme Court of Justice would issue a public appeal calling on civil society and the nominating bodies to submit candidates. It also determined that a list of twelve public and private institutions would be drawn up so that these could nominate candidates and submit personal applications. Subsequently, the 68. 77 Art. 119.- The institutions of the State, its agencies and branches and its public officials shall not exercise powers other than those established by the Constitution and by law, and have the duty to coordinate their actions in order to achieve the common good. Those institutions specified by the Constitution and by law shall enjoy autonomy in their organization and functions. Cf. Constitution of the Republic of Ecuador of August 11, 1998. 78 Art. 130.-The National Congress shall have the following duties and powers: 1. To swear into Office the President and Vice President of the Republic proclaimed elect by the Supreme Electoral Tribunal. To receive their resignations; to dismiss them, following impeachment; to establish their physical or mental incapacity or abandonment of their duties, and to declare them suspended. […] 4. To reform the Constitution and interpret it in a generally binding manner. 5. To issue, amend and repeal laws and interpret them in a generally binding manner. […] 8. To oversee the actions of the Executive Branch and of the Supreme Electoral Tribunal and request any information considered necessary from public officials. 9. At the request of at least one-quarter of the members of the National Congress, to proceed to the impeachment of the President and Vice-president of the Republic; of Ministers of State; of the Comptroller General and the Attorney General; of the Ombudsman and of the Prosecutor General; of the superintendents, of members of the Constitutional Court and of the Supreme Electoral Tribunal, during the exercise of their duties and until one year after termination. Cf. Constitution of the Republic of Ecuador of August 11, 1998. 79 Cf. Constitution of the Republic of Ecuador of August 11, 1998. 80 Cf. Constitution of the Republic of Ecuador of August 11, 1998. 81 Cf. Constitution of the Republic of Ecuador of August 11, 1998, art. 202. 82 Cf. Resolution Supreme Court of Justice of September 22, 2003. 16