Análisis del régimen de competencias del Gobierno Central y los Gobiernos Autónomos Descentralizados establecido por la Constitución y el COOTAD en materia de políticas publicas en el Ecuador.

Abstract

The Ecuadorian State through the promulgation of the 2008 Constitution has promoted a model of decentralization and autonomy constituted by the Decentralized Autonomous Governments (GAD). These forms of government have political, administrative and financial independence from the central state. The problem of this research is to analyze the regime of constitutional powers of the GADs, their implementation in terms of public policies and their degree of autonomy from the central State. Consequently, the objective of this research is to describe the constitutional and legislative normative framework that bases the autonomy of the GADs as part of a legal regime that aims at social development through effective local public policies and their normative-institutional relations with the central government. . In this way, the objective of this work is fulfilled through the analysis of this problem, in addition to understanding that the pertinent solution is in the regime of competences of the Constitution and COOTAD. Consequently, the results of this work have been obtained methodologically from the perspective of the criteria provided by the doctrine, the constitutional and legal norms for the analysis of the problem addressed. Therefore, the predominant approach is the qualitative one due to the predominance of the doctrine and legal norms that are sufficient resources to define the constitutional legal problem, recognize it and solve it. As a result of this investigation, we conclude that there is a system of powers constituted by the GADs, which are protected from the interventionism of the central State through the COOTAD autonomy clause that protects their functions.