48.
Article 9 of the Constitutional reforms established that judges of the Supreme Court
of Justice were not subject to fixed terms of office and included other relevant points:
Article 9. Article 129 is replaced by the following:
Article 129. – The Judges of the Supreme Court of Justice shall not be subject to a limited tenure
of office. Their termination shall be on the grounds prescribed by the Constitution and by Law.
When a vacancy arises, for whatever reason, the plenary of the Supreme Court of Justice shall
appoint the new judge, by a vote in favor of at least two-thirds of its members, with due
consideration of the criteria of professionalism and judicial career as provided for by law. 43
49.
In addition, transitory provisions were included authorizing the National Congress to
appoint the judges of the Supreme Court of Justice for one time only and to allow these
amendments to enter into force. Indeed, one transitory provision established that:
SIXTEEN- The National Congress shall appoint, on this occasion, the thirty-one judges of the Supreme
Court of Justice, from a list composed at least four and no more than ten candidates proposed. 44
50.
Furthermore, this transitory provision defined in detail the procedure for making
appointments, the sectors of society authorized to submit lists of candidates as well as the
creation of a Qualifying Committee of candidates, among other procedural aspects. 45
43
Constitutional amendments of July 31, 1997 (File of attachments to brief of pleadings and motions, volume
I, page 2256). Cf. Affidavit rendered by Mr. Eduardo Brito Mieles on October 12, 2011 (File of attachments to brief
of pleadings and motions, volume I, page 2397).
44
Constitutional Reforms of July 31, 1997 (File of attachments to brief of pleadings and motions, volume I,
page 2257).
45
In this regard, the transitory provisions stated: “SIXTEEN.- The National Congress shall appoint, on this
occasion, the thirty-one judges of the Supreme Court of Justice, from a list composed of at least four and not
more than ten candidates proposed by the following nominating bodies of civil society: 1. The former constitutional
Presidents of the Republic; 2. The Ecuadorian Episcopal Conference; 3. The former Chief Justices of the Supreme
Court of Justice; 4. The National Bar Federation of Ecuador; 5. The human rights associations; 6. The deans of the
university law schools and the members of the National Council of Universities and Polytechnic Colleges (CONUEP);
7. The National Association of Newspaper Directors, the Ecuadorian Association of Television Networks and the
Ecuadorian Broadcasting Association; 8. The judges of the Superior Courts of Justice and District Tax Courts and
Administrative Tribunals and the National Federation of Judicial Employees and Officials; 9. Trade unions,
campesino organizations and teachers and educators organized in the UNE and FENAPUPE; 10. Indigenous and
Afro-Ecuadorian Peoples’ organizations of Ecuador; 11. The Consortium of Provincial Councils of Ecuador and the
Association of Municipalities of Ecuador; and, 12. The Chambers of Production and Craft Industries.
Any other civil society organization or person may submit their nominations to the Constitutional Committee for
Judicial Affairs. The persons or institutions mentioned in this provision shall have eight days, counted from the
publication of these amendments to the Constitution, to submit a list of nominees to the National Congress.
The candidates thus nominated shall meet the requirements stipulated in Article 128 of the amended Constitution.
A Qualifying Committee shall be created, which shall be composed of three legislators appointed by the President
of the National Congress and by three representatives of civil society chosen by the nominating entities, who shall
designate a seventh member, who shall not be a parliamentarian, as chair of the Committee. This Committee shall
qualify the candidates who meet the requirements established in Article 128, as amended, of the Constitution, who
also satisfy the conditions of probity, suitability, experience and capacity.
To that end, once it has received the list of candidates, the Committee shall arrange for its publication on a single
occasion, so as to enable natural and legal persons to present, with documentation and in a confidential manner,
objections to the any of the qualified candidates. Within three days counted from the date of the aforementioned
publication, the Committee shall submit its report for the consideration of the National Congress, which shall
designate the thirty-one judges of the Supreme Court of Justice as follows: a) Twenty-four from the candidates
put forward by the 12 nominating bodies and qualified by the Committee; and b) Seven from the candidates
proposed by any other civil society organization or person, qualified by the Committee, according to the same
criteria established for other candidates. Should any of the nominating bodies or persons fail to submit candidacies
within the time limit established in this Transitory Provision, the National Congress shall appoint the judges
selecting them from the rest of the nominees. The judges thus appointed shall take office before the Speaker of
17