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Constitutional Court approves only one of the two requests for project approval

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Constitutional Court approves only one of the two requests for project approval

Constitutional Court of Ecuador


The Constitutional Court resolved the requests for the bills-law relating to the economic emergency decrees issued by President Guillermo Lasso.

The first was favorable, but the second was not.

opinions

Regarding the first petition, unanimously and with the concurring vote of Judge Carmen Corral Ponce, the Court issued a favorable opinion on the Draft Decree-Law called the Organic Law for the Strengthening of the Family Economy, since it considered that the prior control of constitutionality carried out no “manifest or notorious incompatibilities with the Constitution” were found, in a preliminary manner.

Regarding the second cause, unanimously and with the concurring votes of Judge Carmen Corral Ponce and Judge Richard Ortiz Ortiz, the Constitutional Court issued an unfavorable opinion regarding the Draft Decree-law called “Reform Organic Law Decree for the Attraction and Promotion of Investments for Productive Development” for considering that its provisions disrespect article 148 of the Constitution.

In both opinions it was made clear that article 148 of the Constitution provides that the Constitutional Court issues a preliminary opinion of constitutionality on the draft decree-laws of economic urgency that are issued by the President of the Republic until the installation of a new Assembly National for which, it corresponds to verify that, preliminarily, there are no manifest or evident regulatory incompatibilities in its content.

This does not imply that this Organization becomes a political actor or a co-legislator —that it evaluates the convenience of the decree-laws in this period— or that its constitutional control can replace the absence of parliamentary deliberation, since its role is solely jurisdictional. (YO)

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