Constitution, as provided for in the final question. 36 Questions five to thirteen of the referendum were related to the party system and the electoral system, the composition of the legislative branch, the election process for positions of popular representation at local level, the nomination of oversight bodies, the repeal of the mandate of elected officials and issues related to justice. Question 11 asked citizens if they agreed that the Superior Council of the Judiciary should fulfill administrative functions and that its members should be appointed by the Supreme Court of Justice. 45. In particular, question number 10 made reference to judicial independence and the Supreme Court of Justice: Do you think it is necessary to modernize the judicial branch, to reform the system for appointing judges of the Supreme Court of Justice, so that they are taken from the judiciary itself; appointments without fixed terms that observe the guidelines of professionalism and the judicial career established by law? 37 46. The referendum took place on May 25, 1997 and, for the most part, the response to all the questions was affirmative. 38 According to official figures published in the Official Record by the Supreme Electoral Tribunal, question 10 was approved with 1,651(1)62 votes, which represented the backing of 60.73% of voters. 39 47. On that basis, a constitutional provision established the appointment of Supreme Court justices through the cooptation system, granting them indefinite tenure in their positions. 40 Thus, on July 23, 1997 the National Congress enacted the amendments to the Constitution of Ecuador. 41 Regarding the requirements to be nominated as a judge of the Supreme Court of Justice, the reforms established that: Article 8. Article 128 is replaced by the following: Article 128. - To serve as a judge of the Supreme Court of Justice, the following requirements shall be met: a) Be an Ecuadorian by birth; b) Exercise the rights of citizenship; c) Be older than forty-five years of age; d) Hold the title of Juris Doctor; e) Exercise with noted probity the profession of attorney, judge or university law professor for a minimum period of twenty years; and, f) Comply with other requirements for eligibility established by law. 42 36 The final question of the Executive Decree stated: Do you think that the National Congress should incorporate the mandates of this referendum as amendments to the Constitution of the Republic, within sixty days as of the date of publication of its official results? Executive Decree 201, “Convocation to a Popular Referendum” of April 7 1997 (File of attachments to brief of pleadings and motions, volume I, page 2249). 37 Cf. Executive Decree 201 which declared the “Convocation to a Popular Referendum” of April 7, 1997 (File of attachments to brief of pleadings and motions, volume I, page 2249). 38 Cf. Resolution on results of the Popular Referendum on June 5, 1997 (File of attachments to the brief of pleadings and motions, volume I, pages 2250 to 2253). 39 Cf. Resolution on results of the Popular Referendum on June 5, 1997 (File of attachments to the brief of pleadings and motions, volume I, pages 2250 to 2253). 40 Cf. Resolution on results of the Popular Referendum the June 5, 1997 (File of attachments to brief of pleadings and motions, volume I, page 2253). 41 The final provision of the Reform to the Constitution established: “These Constitutional Reforms shall enter into force as of their publication in the Official Record.” Constitutional Reforms of July 31, 1997 (File of attachments to the brief of pleadings and motions, volume I, page 2254). 42 Constitutional amendments of July 31, 1997 (File of attachments to brief of pleadings and motions, volume I, page 2254). 16