Reforma al Código Orgánico Administrativo para la optimización de procesos coactivos.

Abstract

This academic article examines the coercive execution procedure within Ecuadorian administrative law, a mechanism that empowers the public administration to collect debts without resorting to the courts. It explores avenues for optimizing this procedure by establishing robust foundations at the outset of processes to ensure objectivity, legitimacy, and transparency. Throughout the analysis, the article delves into the legal foundations and ramifications of this practice, scrutinizing both the theoretical underpinnings and the legal framework supporting coercive execution. It also provides a comprehensive overview of the detailed procedure, ranging from the issuance of debt instruments to the auction of assets for credit recovery, dividends, or overdue securities. Moreover, the article underscores the importance of granting autonomy to entities vested with coercive powers, while also considering the decentralization of responsibilities arising from coercive processes. This decentralization is proposed to mitigate substantive legal errors and prevent the commission of crimes through action or omission at various stages of the process. Lastly, the article puts forth proposals for reforming the Organic Administrative Code to enhance the efficiency and transparency of the coercive execution procedure. These reforms aim to bolster procedural safeguards and uphold citizens' rights.