La inconstitucionalidad del encargo presidencial vía decretos y activación automática del mecanismo de sucesión en el Ecuador : análisis de la Sentencia N° 1-25-IN/25 (Caso N° 1-25-IN).

Abstract

The present investigation aims to analyze, demonstrate the unconstitutionality of Executive Decrees No. 500 and No. 505, thereby elucidating, clarifying or completing the gaps that exist in the constitutional norm and in the law on the assignment of the presidency of the Republic, its scope and limits in cases of temporary absence or force majeure, how it is determined, who certifies it, who replaces the President and how the automatic and de jure mode is activated, under what mechanism, figure or legal criterion the assignment is made, time that can be done and what executive decisions can be taken by the President (E), emphasizing the criteria of the magistrates in their concurring votes and the only dissenting vote in the analysis of judgment No. 1-25-IN / 25 with a taxative approach and with an abstraction to what is explicitly and implicitly constitutional, as well as what constitutional paths remain for the President of the Republic in case of conflict with his Vice president due to loss of confidence or obligation of the assignment and in case of opting for the refusal delegation of the power of the President of the Republic to his Vice President, through an analysis of substantive law compared with the constitutional systems of Colombia, Peru, and Chile. The methodology applied was qualitative. An analysis was carried out of Judgment No. 1-25-IN/25 of Case No. 1-25-IN, dated January 23, 2025, on the exercise of Constitutional Control, to determine the factors that led the Constitutional Court to that ruling and conclude whether it was correct or not and provide a constitutional solution. A circumstantial and conditional consequence is whether there was indeed an incompatibility with Article 146 of the Constitution of the Republic of Ecuador in the issuance of Executive Decrees No. 500 and No. 505.