10 42. On January 9, 2003, the National Congress designated Enrique Herrería Bonnet and Oswaldo Cevallos Bueno, along with his alternate judge, Manuel Jaramillo Córdova, as the judges from the Congress to the Constitutional Court for the period 2003-2007. 5 On March 19, 2003, based on the shortlists sent 6 , the Congress designated Milton Burbano and Simón Zabala Guzmán (from the panel presented by the President of the Republic), René de la Torre and Miguel Camba Campos (from the panel, presented by the Supreme Court), Jaime Nogales (from the panel presented by the mayors and governors), Mauro Terán Cevallos (from the panel presented by the union federations and indigenous organizations), and Luis Rojas Bajaña (from the panel presented by the Chambers of Industry) as the members of the Constitutional Court. 7 All of the judges of the Constitutional Court took office before the President of the National Congress on Monday, March 24, 2003. 8 43. In the course of this regular session, a discussion arose as to the mechanism for electing the persons proposed on the different panels; while some legislators argued that the proper procedure was to vote on a nominative basis, shortlist by shortlist, others thought that the vote should be a straight-party vote (“votar en plancha”) with the selection and initial proposal made by one of the legislators, without discussing, individually, the persons proposed in each panel. In that context, the President of the Congress carried a prior motion, by simple vote, to consult on the “election of judges of the Constitutional Court be done by the procedure of straight-party voting.” The result of the vote was 53 legislators in favor, of 95 present. Accordingly, the vote proceeded on the candidates proposed in the panels using the procedure of straight-party voting. 9 1. Resolution to terminate (resolución de cese) the judges of the Constitutional Court 44. In November 2004, to promote the restructuring of the Supreme Electoral Tribunal, the Constitutional Court, and other entities, the pro-government parties had introduced a draft resolution that had included the removal of the President of the National Congress. 10 In the face of this situation, the Constitutional Court issued and published a press release in which it stated that “we the judges of the Court are ready to respond for acts in the performance of our duties by means of the constitutional process, that is, impeachment; any other procedure is at odds with the constitutional provision and so would violate the very Constitution.” 11 5 Annex 1. Resolution of the Congress No. R-24-016, dated January 9, 2003, signed by the President of the Congress and by the Secretary General (annex to the petitioners’ initial petition). 6 Article 275, third paragraph of the Constitution of the Republic of Ecuador establishes: [The judges of the Constitutional Court] shall be designated by the National Congress by majority of its members, as follows: . Two, from shortlists sent by the President of the Republic. · Two, from shortlists sent by the Supreme Court of Justice, not to include any of its members. · Two, elected by the National Congress, who do not hold office as legislators. · One, from the shortlist sent by the mayors and governors. · One, from the shortlist sent by the union federations and indigenous and peasant organizations that are national in scope and legally recognized. · One, from the shortlist sent by the legally recognized Chambers of Industry. 7 Annex 2. Resolution of Congress No. R-24-054, dated March 19, 2003, signed by the President of the Congress and the Secretary General (annex to the petitioners’ initial petition). 8 Annex 3. Acts of taking office of the petitioners (annex to the brief filed by the petitioners on March 10, 2008). 9 Annex 4. National Congress, Minutes No. 24-031 of March 19, 2003 (annex to the petitioners’ initial petition). 10 Annex 5. El Telégrafo, Gobierno busca reorganizar Tribunal Constitucional, November 24, 2004 (annex to the petitioners’ initial 11 Annex 6. La Hora, El Tribunal Constitucional al País, November 24, 2004 (annex to the petitioners’ initial petition). petition).