La falta de regulación en los procesos de seguimiento de sentencias de la Corte Constitucional

Abstract

With the enactment of the 2008 Constitution, the Constitutional Court was introduced into the Ecuadorian legal system, establishing itself as the highest body for the interpretation and administration of constitutional justice. Among the powers granted to this new institution is the ability to hear and punish cases of non-compliance with its judgments and rulings. To exercise this power, the judiciary initiates a monitoring phase, which aims to enforce compliance with its decisions. However, due to the lack of clear regulations, there is a lack of criteria or parameters to verify whether a case should enter a follow-up phase. This translates into uncertainty for all those involved in the Court's decisions, including public and private institutions, affecting their right to legal certainty. The purpose of this paper is to analyze the effects of this problem and present solutions that can support the management of the Constitutional Court. The first chapter analyzes the historical evolution of the Constitutional Court in Ecuador, the evolution of its monitoring jurisdiction, and its current internal organization with regard to this jurisdiction. The second chapter discusses the effects of the monitoring phase on users, verifies the lack of criteria through practical cases, and explains how other legal systems have established instruments and strategies to achieve greater clarity in compliance verification processes.