90.
In relation to the legal grounds applicable to impeachment that were in force at the
time of the facts, article 130(9) of the Ecuadorian Constitution indicated that the members
of the Constitutional Tribunal:
[…] could be impeached for statutory or constitutional offenses, committed in the performance of their
functions. Congress may censure them in the case of a declaration of guilt, by a majority of its members.
The censure shall result in the immediate removal of the official (underlining added).
91.
While article 199 of the Constitution stipulated that:
The organs of the judiciary shall be independent in the exercise of their obligations and attributes. No
function of the State may interfere in matters within their competence.
The justices and judges shall be independent in the exercise of their jurisdictional powers and even vis-àvis the other organs of the Judiciary; they shall only be subject to the Constitution and the law.
92.
Meanwhile, article 9 of the 1997 Law on Constitutional Control established that the
members the Constitutional Tribunal:
(…) shall not be held responsible for the votes they emit or for the opinions they express in the exercise of
the attributes of their office.
93.
In these conditions, the applicable domestic law at the time of the facts recognized
the mechanism of impeachment for the members of the Constitutional Chamber in relation
to their office, but its purpose could not be for the National Congress to review the control
of legality or constitutionality made in the judgments delivered by the Constitutional
Tribunal, based on the principle of the separation of powers and the Constitutional
Tribunal’s exclusive competence in this area. In addition, the Constitution established the
term of office of the judges as an uninterrupted period of four years (articles 275 and 276
of the Ecuadorian Constitution in force at that time). 123
94.
Despite this, the six motions of censure that were presented against the judges were
directly related to judgments that the Constitutional Tribunal had handed down; in
123
Cf. Constitution of the Republic of Ecuador of August 11, 1998.
“Art. 275. The Constitutional Tribunal with national jurisdiction, shall have its seat in Quito. It shall be composed of
nine members, who shall have their respective substitutes. They shall perform their functions for four years and
may be re-elected. The organic law shall determine the rules for their organization and functioning, and the
procedures for their actions.”
“Art. 276.- The Constitutional Tribunal shall have competence:
1. To hear and decide appeals filed on the unconstitutionality, in substance or in form, of organic and ordinary
laws, decree-laws, ordinances, statutes, regulations, and resolutions issued by organs of the institutions of the
State, and to suspend all or some of their effects.
2. To hear and decide on the unconstitutionality of the administrative acts of all public authorities. The declaration
of unconstitutionality shall result in the annulment of the act, without prejudice to the administrative organ
adopting the necessary measures to preserve respect for the constitutional norms.
3. To examine decisions that deny habeas corpus, habeas corpus data, and amparo, and cases of appeal
established in the action for amparo.
4. To rule on objections of unconstitutionality by the President of the Republic, in the law drafting process.
5. To rule on conformity with the Constitution, and international treaties and conventions prior to their approval by
the National Congress.
6. To decide disputes concerning competence or attributes assigned by the Constitution.
7. To exercise the other attributes conferred on it by the Constitution and the laws. The decisions of the Judiciary
shall not be susceptible to control by the Constitutional Tribunal
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