Key Benefits:
SUMMARY:
Pags.
LEGISLATIVE FUNCTION
LAW:
NATIONAL ASSEMBLY:
-Organic Law of the Role of Transparency and Social Control .............................................. 1
EXECUTIVE FUNCTION
AGREEMENT:
NATIONAL SECRETARY OF THE PRESIDENCY OF THE REPUBLIC:
SNPR-2013-0002 Appoint psychologist Glenda Roxana
Soto Rubio, Deputy National Secretary of the Presidency of the Republic ............................. 6
REPUBLIC OF THE ECUADOR
NATIONAL ASSEMBLY Of. No. SAN-2013-0942 Quito, August 1, 2013
Engineer Hugo Del Pozo Barrazueta Director of the Official Register
In his office
Of my considerations:
The National Assembly, in accordance with the powers that gives it the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the Project of ORGANIC LAW OF THE FUNCTION OF TRANSPARENCY AND SOCIAL CONTROL.
In session on August 1, 2013, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the Republic.
For the above; and, as the President has stated, Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, accompanied the text of the LAW
Ano I r Nº 53
Quito, miercoles 7 de
August de 2013
Value: US$ 1.25 + IVA
ING. HUGO DEL POZO BARREZUETA
DIRECTOR
Quito: Avenida 12 de Octubre
N 16r90 y Pasaje Nicolas Jimenez
Address: Telf. 2901 r629
Officias centrales y sales:
Telf. 2234 r540
Distribution (Storeroom):
ManoscaNº 201 yAv. 10 deAgost
Telf. 2430 r110
Sucurs Guayaquil:
MaleconNº 1606 yAv. 10 deAgosto
Telf. 2527 r107
Suspection anual: #3; #3;400 + IVA
for lacitydeQuit
US$ 450 + IVA paraelrestodelcountry
Printer en Nacitora National
8 paginas
www.registroficial.gob.ec
Al service del pais
from el 1 de julio de 1895
S E G U N D O S U P L E M E N T O
2 -- Second Supplement -- Official Record No. 53 -- Wednesday, August 7, 2013
ORGANIC FUNCTION OF TRANSPARENCY AND SOCIAL CONTROL , so that it can be published in the Official Register.
Attentive,
f.) DRA. LIBYA RIVAS ORDONEZ , General Secretary.
CERTIFICATION
In my capacity as General Secretary of the National Assembly, I allow myself to CERTIFY that the National Assembly discussed and approved the ROLE OF TRANSPARENCY AND SOCIAL CONTROL , in the first debate on 18 December 2012, in the second debate on 26 March and 4 July 2013, and gave its opinion on the partial objection of the Constitutional President of the Republic on 1 August 2013. 2013. Quito, August 1, 2013 f.) DRA. LIBYA RIVAS ORDONEZ , General Secretariat.
REPUBLIC of Ecuador
NATIONAL ASSEMBLY
THE PLENO
CONSIDERING: That, Article 1 (2) of the Constitution establishes that sovereignty it is the people, whose will is the foundation of all public power and is exercised through the organs of public power and through the forms of direct participation provided for in the Fundamental Charter; Fundamental Charter is guaranteed, without any discrimination, the effective enjoyment of rights; and, in the Number 8, the inhabitants of the Ecuadorian territory are assured the right to a culture of peace, to integral security and to live in a democratic society and free from corruption; what, paragraph 1 of article 204 of the Constitution of the Republic of Ecuador determines that the people are the mandant and the first fiscator of public power; that, paragraph 2 of article 204 of the Magna Carta orders that the function of Transparency and Social Control will promote and promote the control of the entities and public sector bodies listed in Article 225 and natural and legal persons in the sector They will provide services or carry out activities of public interest for them to carry out with responsibility, transparency and equity, as well as encourage and encourage citizen participation, the protection of the exercise and the fulfillment of the Article 204 of the Constitution establishes that the function of Transparency and Social Control will be made up of the Council for Citizen Participation and Social Control, the Ombudsman's Office. of the People, the Comptroller General of the State and the superintendencies;
Articles 204, 207, 211 and 214 of the Constitution provide that the institutions that make up the Role of Transparency and Social Control-more than the superintendencies-have legal personality and administrative, financial, Article 206 (1) of the Basic Charter provides that the holders of the entities of the Transparency and Social Control Service shall form an instance of coordination, whose powers and duties, in addition to those determined in the aforementioned constitutional provision, they must be regulated by law; The Role of Transparency and Social Control is one of the strategic functions of the State, which requires a legal framework to regulate the exercise of its powers, functions and powers; grants the category of organic to those laws governing the organization and operation of the institutions created by it; and, in the exercise of its constitutional powers and in accordance with the provisions of the Articles 1 and 2 of the Article 133 of the Constitution of the Republic of Ecuador, issues the following:
LAW OF THE REPUBLIC OF ECUADOR THE TRANSPARENCY AND SOCIAL CONTROL FUNCTION
CHAPTER I
Object and Scope Art. 1.-Object.- This Law is intended to regulate the institutional structure and functioning of the Role of Transparency and Social Control and its Coordination Committee, and to develop its powers, powers, obligations, duties and powers in accordance with the provisions of the Constitution of the Republic of Ecuador. Art. 2.-Scope.- This Law is applicable to all the bodies, bodies and institutions that make up the Role of Transparency and Social Control, and to those created for the exercise of the obligations of this State Function.
CHAPTER II Pr Anspence Function
and Social Control Art. 3.-Principles.- The Role of Transparency and Social Control is based on the following principles: 1. Independence: No function or body of the
State may intervene in the organization, administration, attributions, or adoption of resolutions of the Transparency and Social Control Function.
2. Autonomy: The Transparency and Control Function
Social and its organs will be governed by their own
Second Supplement -- Official Record No. 53 -- Wednesday, August 7, 2013 -- 3
regulation in the administrative, financial, budgetary and organizational domains.
3. Transparency: In all its actions,
resolutions and in the application of rules and procedures will ensure their publicity and access to public information, especially in those that protect the rights of individuals, communities, communes, peoples, nationalities and collectives.
4. Social control:
people, communities, communities,
, nationalities and collectives will participate in the evaluation of public policies and services that guarantee the effective fulfillment of the rights recognized by the Constitution and international human rights instruments, through the monitoring of the actions of public sector servants and natural or legal persons in the private sector who provide public services or develop activities of public interest.5. Accountability: All
public, their authorities and legal representatives, the authorities of popular choice and natural or legal persons in the private sector who provide public services or develop activities of public int, have the duty to produce a report of public, periodic, timely, transparent and in affordable language, which will be presented at least once a year with respect to the public services they provide.
6. Citizen participation: The citizens, in
individual or collective form, will be able to participate in public policy formulation processes; initiatives that promote the deliberation, planning and decision-making of the management of public affairs; control of the institutions of the State and their representatives, through the mechanisms established in the rules that regulate them.
7. Equity: Public institutions, their authorities and
legal representatives, as well as natural or legal persons in the private sector who provide public services or conduct public interest activities, have a duty to take measures to achieve the full realization of the rights for the people of Ecuador and access to equal opportunities in the framework of their competencies and services.
8. Responsibility: The public institutions, their
authorities and legal representatives, as well as natural or legal persons in the private sector who provide public services or develop activities of public interest, must repair for the violation of the fundamental rights and guarantees of citizens, as a consequence of their actions or omissions.
9. Principle of coordination and cooperation
institutional.- The institutions that are part of the Transparency and Social Control Function must coordinate actions for the fulfillment of their goals and
for cash exercise of the rights recognized in the Constitution.
CHAPTER III
Objectives of the Tr ansparency and Social Control Function
Art. 4.-Objectives.- The Role of Transparency and Social Control has the following objectives: 1. Promote and promote the control of entities and
public sector bodies, and natural or legal persons in the private sector who provide services or develop activities of public interest, to be carried out with accountability, transparency and equity.
2. Encourage and encourage citizen participation. 3. Protect and promote the exercise of rights. 4. Prevent and combat corruption.
CHAPTER IV
Conforming the Function of Social Control and Control
Art. 5.-Conformation of the function of the answer and social control.- The Role of Transparency and Social Control is made up of the Council of Citizen Participation and Social Control, the Ombudsman's Office, the Comptroller General of the State and legally constituted superintendencies. Art. 6.-Coordination Committee.- The holders of the entities of the Transparency and Social Control function will be the Committee for the Coordination of the Role of Transparency and Social Control, in order to design and implement common strategies of public policies in the field of their competences. The Coordination Committee shall be the coordinating and coordinating body for the role of Transparency and Social Control, and shall have a Presidency, a Vice-Presidency and a Technical Secretariat. Art. 7.-Atrib resolutions and duties of the Coordination Committee.- They are duties and duties of the Coordination Committee, the following: 1. Formulate public policies of transparency, control
social, accountability, promotion of the citizen participation, prevention and fight against corruption.
2. Coordinate the action plan of the entities in the
Transparency and Social Control function, without affecting their autonomy.
3. Articulate and coordinate the formulation of the Plan
National Prevention and Fight against Corruption.
4. Present to the National Assembly proposals of
legal reforms in the field of their competences.
4 -- Second Supplement -- Official Record No. 53 -- Wednesday, August 7, 2013
5. Report annually to the National Assembly, or
when required, activities related to the performance of their duties.
6. Know and approve the manuals, regulations and resolutions necessary for its operation and that of the Technical Secretariat.
7. Approve the annual operational plans and the budget for their implementation, on which the Technical Secretariat will submit twice-yearly management reports to the Coordination Committee.
8. Designate the Technical Secretary or the Technical Secretary of the third party referred by the President of the Transparency and Social Control Function.
9. Hold an ordinary session every two months and extraordinary when requested by the President, or at the request of at least three of the holders of the entities of the Transparency and Social Control Service. In case of a temporary or permanent absence of one or more of the holders, you will be legally subrogated or replaced.
10. Maintain coordination with other institutions of the State and private sector entities in common actions aimed at meeting the objectives of the Transparency and Social Control Function.
11. Know and approve the work report of the
Technical Secretariat. 12. Other legal rules shall be laid down by others. Art. 8.-Quorum.- The quorum for the installation of the Coordination Committee shall be half more than one of its members. To make decisions is required simple majority. In the case of a tie, the vote of the one who is in session will be settled. Art. 9.-The President and/or the Vice President of the Function of the Service of Social Control.- Within the first half of January of each year, the holders of the entities of the Role of Transparency and Control So-cial will elect (a) the President or the President and the Vice-President or Vice-President, who shall last one year in the performance of their duties, shall be rotatably among their members. The President or the Vice-President of the Role of Transparency and Social Control shall be the Chair or President and Vice-Chair or Vice-Chair of the Coordination Committee. In the event of an impediment or temporary absence of the President, the President or the Vice-President shall be subrogated. In case of absence or impediment of both, by the member or member designated by the Coordination Committee. If the absence of the President is final, he or the Vice-President shall be subrogated for the remainder of the period, without prejudice to the fact that he may subsequently be elected President or President at the appropriate time. the institution that represents, in compliance with the rotation system.
Art. 10.-The President or the President of the Coordination Committee for the Role of Transparency and Social Control the President or the President of the Coordination Committee, shall: 1. Represent the Role of Transparency and Control
Social. 2. To report to the National Assembly annually or when
requires it, of the activities related to the performance of the functions and duties of the Transparency and Social Control Function.
3. Present to the National Assembly the bills
that have been approved by the Coordination Committee of the Transparency and Social Control Function.
4. Draw up the agenda and
the regular andsessions of the Coordination Committee, chair the meetings and verify compliance with the resolutions, with the support of the Technical Secretariat.
5. To subscribe jointly with the Technical Secretary
the minutes of the ordinary and extraordinary sessions and other documents of a non-internal character of the Coordination Committee of the Transparency and Social Control Function.
6. Other legal rules shall be laid down by others. Art. 11.-Atrib or Vice President's or Vice President's.- To the Vice President of the Transparency and Social Control Function, it is up to you to: 1. Replace or temporarily subrogate the or the
President of the Transparency and Control Function Social in its duties, in accordance with the relevant legal rules.
2. Assume the Presidency in case of definitive absence
of the holder until the respective period is fulfilled. 3. Those who are assigned by the delegation to the Committee of
Coordination or the President or the President. 4. Others that establish other legal rules.
Art. 12.-The Technical Secretariat.- The Technical Secretariat is the operational body of the Coordination Committee, has administrative and financial autonomy, and will be exercised by one or a Technical Secretary, who will be his highest authority. Art. 13.-Requirements.- The or the Technical Secretary will last five years in his/her duties and must meet the following requirements: 1. Be Ecuadorian and be in enjoyment of the rights of
political participation.
2. Own third-level academic title.
3. To establish knowledge and experience for at least three years in the fields of the Role of Transparency and Social Control.
Second Supplement -- Official Record No. 53 -- Wednesday, August 7, 2013 -- 5
The or the Technical Secretary will have the rank of State Secretary. Art. 14.-Atrib or Technical Secretary's.- The Technical Secretary or the Technical Secretary shall have the following powers: 1. Follow up the policies and plans formulated
by the Coordination Committee. 2. Meet the agreements, resolutions and other
decisions of the Coordination Committee and its President or President.
3. Represent legal, judicial and extra-judicial to the Committee of
Coordination and Technical Secretariat. 4. Act as Secretary of the Presidency of the
Function and the Coordination Committee. 5. Subject to knowledge and approval of the Committee of
Coordination, operational plans, the annual budget required for the Coordination Committee and the Technical Secretariat.
6. Prepare and track the agenda of the
Committee activities, under the supervision of the President or the President.
7. Design the necessary strategy, plan and inputs
to define the policies of the Transparency and Social Control Function.
8. Coordinate the implementation of the Plan and actions of the
Role of Transparency and Social Control. 9. To present the Coordination Committee semi-annually,
reports on the monitoring of plans and programmes formulated by the Committee itself.
10. Appoint and remove the Secretariat's servers
Technical, in accordance with the Law and the guidelines of the Coordination Committee.
11. Notify the calls made by the or the
Committee president. 12. Prepare the minutes and agreements of the Committee of
Coordination, give public faith, save the originals, keep them updated and issue authentic copies.
13. Propose to the Coordination Committee the regulations for
the functioning of the Secretariat. 14. Jointly subscribe with the President of the
Function the resolutions, regulations and manuals issued by the Coordination Committee.
15. The others to be commissioned by the Coordination Committee
within the framework of their competencies or those established in other legal norms.
Art. 15.-Cesation of duties of the Technical Secretary.- The or the Technical Secretary shall cease in his duties for the following reasons:
1. Fulfillment of the period for which he was elected; he cannot be re-elected.
2. By voluntary resignation accepted by the Committee of
Coordination. 3. For incurring one or more of the established causes
in Article 48 of the Public Service Organic Law.
Art. 16.-The participation of the holder is the entities of the function of the answer and social control.- The and the holders of the entities that are part of the Role of Transparency and Social Control will receive no income or additional diets to those received in the exercise of their respective duties for attending the meetings of the Coordination Committee or for any additional posts or responsibilities entrusted to them by that Committee. Art. 17.-Coordination units.- Each of the entities that make up the Role of Transparency and Social Control will establish, within its respective organizational structure of processes, a coordination unit with the organs of the Function and with the Coordination Committee, in order to fulfill the commitments that each institution has to meet.
CHAPTER V Integrated National System of the Function of
Transparency and Social Control Art. 18.-Integrated National System.- The National Integrated System of the Role of Transparency and Social Control constitutes the set of policies, norms, methods and procedures that articulate the actions of the organizations Function. Art. 19.-Regulation.- The Committee of the Coordination of the Role of Transparency and Social Control will regulate the participation of the institutions of the Role of Transparency and Social Control in the Integrated National System, with respect to its autonomy and own competences that the Constitution and the Law assign to them. Art. 20.-Exchange of information.- The entities that make up the Transparency and Social Control Function will exchange information related to the formula-tion, execution, control and monitoring of the transparency plans, accounts, citizen participation, social control and prevention and the fight against corruption, without being able, for this purpose, to be taken into account by nature among the bodies that make up the Coordination Committee, except for cases established in the law.
GENERAL PROVISIONS FIRST. - The Coordination Committee shall have the power to lay down any rules necessary for the implementation of this Law, in relation to the dependencies and officials of the organic structure to which it refers.
6 -- Second Supplement -- Official Record No. 53 -- Wednesday, August 7, 2013
SECOND.- The Ministry of Finance will allocate the necessary resources for the organization and operation of the Transparency Function and Social control, in accordance with the budget approved by the Coordination Committee.
TRANSIENT provisions
FIRST. - The current President and Vice President of the Role of Transparency and Social Control will perform such functions and will be President or President and Vice-President or Vice-Chair of the Coordination Committee until the second week of January Next year immediately to the publication of this Law, in which they will renew such dignity.
SECOND.- For the beginning of the management of the Role of Transparency and Social Control, the holders of the bodies that make up the Function authorise the commissions of services of the necessary provisional staff, up to appointment and possession of the final staff.
THIRD.- The deadline for the entities that make up the Coordination Committee to comply with the provisions of Article 17 of this Law, will be six months from its publication in the Official Register and sixty days to appoint the Technical Secretary or the Technical Secretary.
FOURTH. - The Coordination Committee, within 60 days of the publication of the Act, will create the organic structure of the Technical Secretariat.
QUINTA.- Within ninety days of the publication of this Law, the Ministry of Labor Relations, in coordination with the Ministry of Finance, will create the necessary items for the functioning of the Technical Secretariat of the Transparency and Social Control Function.
SIXTH.- Finance shall allocate the economic resources necessary for the organisation and operation of the Transparency and Social Control function, for the remainder of the fiscal year in which this Law enters into force.
FINAL DISPOSITION This Law shall enter into force from its publication in the Official Register.
signed at the National Assembly headquarters, located in the Metropolitan District of Quito, Pichincha province, on the first day of August of two thousand thirteen.
f.) ROSANA ALVARADO CARRION , First Vice President of the Presidency.
f.) DRA. LIBYA RIVAS O. , General Secretariat.
No. SNPR-2013-0002
THE NATIONAL SECRETARY OF THE PRESIDENCY OF THE REPUBLIC
Considering:
That, in accordance with the provisions of Article 227 of the Constitution of the Republic of Ecuador, the administration It is a service to the community that is governed by the principles of efficiency, quality, hierarchy, deconcentration, decentralization, coordination, partition, planning, transparency and evaluation. That, in the numeral 1 of article 154 of the Constitution of the Republic of Ecuador, it is determined that it is up to the ministers and ministers of state, in addition to the attributions established in the law, to exercise the rectory of public policies. of the area in his or her capacity and to issue the agreements and administrative decisions requiring his or her management; whereas, in Article 35 of the Law on Modernization of the State, published in the Official Register No. 349 of 31 December 1993, it is required that: " When the institutional coexistence requires it, the maximum personeros of the state institutions they shall make agreements, resolutions or trades which are necessary to delegate their powers (...) "; That, in Article 17 of the Statute of the Legal and Administrative Regime of the Executive Function is established: " (...) within the sphere of their competence, they may delegate their powers and duties to the lower-ranking official of their respective Ministries, where they are absent or when they consider it appropriate, provided that they do not (i) the Commission is not in any way involved in the implementation of the Council of Ministers. prejudice to the functions, powers and obligations which the delegated official has in accordance with the laws and regulations. The ministerial delegations referred to in this article shall be granted by the Ministers of State by ministerial agreement, the same as that which shall be brought to the attention of the Secretary General of the Public Administration and published in the Official Registration. The official to whom the Minister has delegated his duties shall be directly responsible for the acts carried out in the exercise of such delegation. '; Article 55 of the Statute of the Legal and Administrative Staff of the Executive Function determines that: " (...) the privileges of the various entities and authorities of the Central and Institutional Public Administration, shall be delegated to the authorities or organs of lower hierarchy, except those that are prohibited by Law or by Decree (...) '; That, by Executive Decree No. 3 of 30 May 2013, published in the Supplement to the Official Register No. 14 of 13 June 2013, the National Secretariat of the Presidency was created, as a dependency of the Presidency of the Republic, oriented to the proper management of the decisions of character The President of the
