declaration of unconstitutionality suspends the effects of the disputed legal provisions; however, as the Constitution provides at Article 278, such a declaration does not have a retroactive effect; […]Finally, in this case, the immediate precedents for decrees ordering the suspension and discharge of an officer from the Armed Forces lie in the decisions adopted by the Council of General Officers of the Land Forces, which provide their grounds. Therefore, those decisions are also tied to the two decrees challenged as unconstitutional.42 […] 51. The Clerk of the Constitutional Tribunal indicated that on from the note of March 25, 2002, Mr. Mejía Idrovo, the President of the Republic, and the Prosecutor General were provided legal notice of the decision of the ruling by means of slips left This judgment was in the corresponding Constitutional Tribunal postboxes.43 published in the Official Register No.-548 on April 4, 2002,44 making it enforceable from the date of its promulgation. 45 52. On April 8, 2002, the Army Command requested that the President of the Constitutional Tribunal to provide an opinion on the scope of the section in Article 278 of the Constitution regarding the possible reinstatement of the Mr. Mejía Idrovo to the Armed Forces and requested a clarification with respect to reparations, because it considered that as the military institution did not issue the Executive Decrees, it did not cause nor has caused any harm to the superior officer.”46 Mr. Mejía Idrovo, argued that “he is aware, unofficially, that there is a petition for review that has been presented in an illegal and unjust manner outside the law, to which a situation has been created that constitutionally is not permitted.” 47 Moreover, a request was allegedly made by the petitioner that the petition of the representatives of the Army Command not be admitted and that he return “in accordance with his right and justice to the rank [he held] prior to the decrees; that is, in active and effective service with the rank of colonel of the general staff and qualified by the Council of Generals for promotion to the rank of brigadier general in accordance with the Ecuadorian Military Service Code.” 42 Resolution No.. 039-2001-TC of the Constitutional Tribunal of March 12, 2002 (annexes to the application, Appendix 2, tome III, fs. 1052 to 1062). 43 Cf. Oficial letter of Guide of Constitutional Tribunal postboxes states that the Judgment of the Constitutional Tribunal of March 12, 2002 was notified to Mr. Mejía Idrovo, to the President of the Republic, and to Attorney General of the State (appendixes of the judgment of the commission, appendix 2, tome III, f. 1068). 44 Cf. Oficial Registrar No. 548 (annexes of the application, appendix 2, tome III, f. 1063). 45 Cf. Political Constitution of Ecuador of 1998, approved on June 5, 1998, Article 278 (annexes to the application, annex 8, f. 1302): The article 278 states “The declaration of unconstitutionality shall be enforceable and promulgated in the Official Register. It shall enter into force on the date of its promulgation and render void the provision or act declared unconstitutional. The declaration shall not have to retroactive effect, nor shall it be subject to any appeal whatever.” “If the decision of the Court is not carried out by the official or officials responsible within 30 days of its publication in the Official Register, the Court, acting ex officio or on request, shall punish them in accordance with the law.” 46 Cf. Letter from the Commanding General of the Land Forces to the President of the Constitutional Court, April 8, 2002. (annexes to the application, annex 12, fs. 1323 and 1324). 47 Cf. Letter from Colonel José Alfredo Mejía Idrovo to the President of the Constitutional Court on April 24, 2002. (annexes to the application, annex 12, fs. 1323 to 1324). 18