11 45. On November 24, 2004, some legislators had asked the President of the Congress to amend the Order of Business so as to consider a draft resolution that declared the termination (la cesación en funciones) of the judges of the Constitutional Court. 12 That same day, in view of the proposal, the President of the Congress issued a summons to appear for impeachment proceedings, on December 1, to Miguel Camba Campos, Oswaldo Cevallos Bueno, Jaime Nogales Izurieta, Luis Rojas Bajaña, René de la Torre, and Simón Zabala Guzmán, and to alternate judge, Manuel Jaramillo. 13 46. On November 25, 2004, Congress adopted Resolution No. R-25-160 whereby it decided “to rule that the full judges of the Constitutional Court and their deputies were appointed illegally and to proceed to appoint them as ordered by the Constitution of the Republic and by law, from the shortlists of three names received in due course by Congress.” In this way, it appointed “the two full judges of the Constitutional Court and their deputies that the National Congress is empowered to appoint (…) The appointees (…) shall remain in their positions until they are legally replaced in January 2007.” 14 47. On the same date, the National Congress issued resolutions R-25-161, 162, 163, 164, 165, 166, 167, 168, and 169, by which it designated – based on the shortlists sent in 2003-: from the shortlists sent by the President of the Republic and by the Supreme Court of Justice – four full judges, and four alternate judges of the Constitutional Court. In addition, it designated one full judge and one alternate judge of the Constitutional Court from the shortlist sent by the mayors and governors, one full judge and one alternate judge of the Constitutional Court from the shortlist sent by union federations and indigenous organizations, and one full judge and one alternate judge of the Constitutional Court from the shortlist sent by the chambers of industry. In those resolutions, the National Congress invoked Articles 130.11 and 275 of the Constitution of the Republic. 15 C. Impeachment of the judges terminated from the Constitutional Court on December 1, 2004 48. On June 13, 2003, legislator Luis Villacís Maldonado proposed a motion to censure Constitutional Court judges Oswaldo Cevallos Bueno, Luis Rojas Bajaña, Jaime Nogales Izurieta, Miguel Camba Campos, and René de la Torre insofar as legislative functions were arrogated in the “Resolution of the Constitutional Court in Case No. 0004-2003-TC on the declaration of unconstitutionality of Law No. 2002-88, which interprets Article 113 of the Labor Code.” 16 On June 16, 2003, legislator Marco Proaño proposed the motion to censure Constitutional Court judges Miguel Camba Campos, Oswaldo Cevallos Bueno, Jaime Nogales Izurieta, Luis Rojas Bajaña, and René de la Torre on the same grounds. 17 12 Annex 7. El Universo, Oposición desacelera a gobiernistas, November 25, 2004 (annex to the petitioners’ initial petition). 13 Annex 8. National Congress, Official Note No. 1212-PCN directed to Oswaldo Cevallos Buenos, of November 24 2004 (annex to the petitioners’ initial petition) 14 Annex 9. National Congress, Resolution No. R-25-160, dated November 25, 2004. Included in Official Registry No. 485 of December 20, 2004 (annex to the initial petition of the petitioners). 15 Annex 9. National Congress Resolutions R-25-161, 162, 163, 164, 165, 166, 167, 168, and 169, dated November 25, 2004. Included in Official Registry No. 485 of December 20, 2004 (annex to the initial petition of the petitioners). 16 Annex 10. Motion of Censure introduced by legislator Luis Villacís Maldonado, Official Note No. 141 CN BMPD LVM, of June 13, 2003 (annex to the petitioners’ initial petition). 17 petition). Annex 11. Motion of Censure presented by legislator Marco Proaño Maya on June 16, 2003 (annex to the petitioners’ initial