69.
The Supreme Court’s resolution of June 27, 2001 referred to by the Constitutional
Tribunal in its decision of December 2, 2004, was a ruling to clarify the guidelines applicable
in matters of constitutional amparo. 97 The Constitutional Tribunal’s decision of December 2,
2004 cites Article 2 a) of the aforesaid resolution of the Supreme Court of Justice, which
reads:
In particular, the amparo action is not admissible and shall be rejected outright when brought
with respect to:
a) Regulatory provisions issued by a public authority, such as organic and ordinary laws, decree
laws, decrees, ordinances, statutes, regulations and generally binding (erga omnes) resolutions,
since in order to suspend their effects because of a violation of the Constitution, in substance or
in form, an unconstitutionality suit must be brought before the Constitutional Court. 98
3.
Denial of amparo remedies lodged by several dismissed members of the
Constitutional Tribunal
70.
On December 7, 2004 the Twelfth Civil Court of Pichincha ruled in the amparo suit
filed by Luis Vicente Rojas Bajaña, one of the dismissed members of the Constitutional
Tribunal. 99 This decision “denied the processing of this constitutional remedy,” pursuant to
the Constitutional Tribunal’s ruling of December 2, 2004 “leaving an unconstitutionality suit
before the Constitutional Tribunal open for the case.” 100
71.
Similarly, on December 13, 2004 the First Civil Court of Pichincha handed down a
decision in the amparo suit filed by Miguel Angel Camba Campos, one of the members of
the Constitutional Tribunal who were dismissed, against the National Congress Resolution
No. R-25-160. 101 This ruling stated that it was “public knowledge that the […] National
Congress, on Wednesday December 8 of the current year, proceeded with the impeachment
of the members of the Constitutional Tribunal […] by a majority of its members, in an action
that wa[s] eminently legal and legitimate, since it is provided for in the Constitution, and
thus enjoys full legal effect, including the censure caused by the immediate dismissal of the
official.” 102 It also cited the Constitutional Tribunal’s resolution of December 2, 2004,
concluding that “based on the content of the preceding ‘whereas´ clauses, the amparo
action w [as] inadmissible and must be rejected outright, without examining the merits of
the matter.” 103
pleadings and motions, volume I, page 2259), and Resolution of the Constitutional Court of December 2, 2004 (File
of attachments to the report, volume I, pages 208 to 209).
97
Cf. Official Record No. 378 of July 27, 2001 (File of attachments to the report, volume I, pages 211 and
212), and Resolution of the Constitutional Tribunal of December 2, 2004 (File of attachments to the report, volume
I, pages 208 to 209).
98
Official Record No. 378 of July 27, 2001 (File of attachments to the report, volume I, pages 211 and 212);
Resolution of the Constitutional Tribunal of December 2, 2004 (File of attachments to the report, volume I, pages
208 a 209), and Decision of the Constitutional Tribunal of December 2, 2004 (File of attachments to the report,
volume I, page 198).
99
Cf. Decision on amparo remedy of December 7, 2004 (File of attachments to the report, volume I, page 215).
100
Cf. Decision on amparo remedy of December 7, 2004 (File of attachments to the report, volume I, page 215).
101
Cf. Decision on amparo remedy of December 13, 2004 (File of attachments to the report, volume I, pages
217 to 225).
102
Cf. Decision on amparo remedy of December 13, 2004 (File of attachments to the report, volume I, page 224).
103
Cf. Decision on amparo remedy of December 13, 2004 (File of attachments to the report, volume I, page 224).
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