Organic Law Of Transparency And Social Control

Original Language Title: Ley Orgánica de la Función de Transparencia y Control Social

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Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ley_organica_de_la_funcion_de_transparencia_y_control_social_0.pdf



WHEREAS, paragraph 2 of Article 1 of the Constitution states that sovereignty resides in the people, whose will is the foundation of every public and is exercised through public bodies and by the ways direct participation provided for in the Constitution; That, in number 1 of Article 3 of the Constitution guarantees, without discrimination, the effective enjoyment of rights; and at number 8, the inhabitants of Ecuadorian territory ensures the right to a culture of peace, to overall security and live in a democratic and corruption-free society; That paragraph 1 of Article 204 of the Constitution of the Republic of Ecuador determines that the people are the principal and the first oversight of government; That paragraph 2 of Article 204 of the Constitution states that the Transparency Social yControl promote and encourage the control of entities and public sector bodies listed in Article 225, and of natural and legal persons in the private sector provide services or perform activities of public interest, so that made with responsibility, transparency and fairness; as well as promote and encourage citizen participation, protection of the exercise and enforcement of rights; and, prevent and combat corruption; That paragraph 3 of Article 204 of the Constitution provides that the Transparency and Social Control shall consist of the Council of Citizen Participation and Social Control, the Ombudsman, the Comptroller General and the superintendents;

That Articles 204, 207, 211 and 214 of the Constitution provides that the institutions of the Transparency and Social Control - more than the superintendents - has legal personality and administrative, financial, budgetary and organizational autonomy; That paragraph 1 of Article 206 of the Constitution provides that the holders of the entities of the Transparency and Social Control will form a coordinating body whose powers and duties in addition to those identified in the above constitutional provision, should be regulated by law; That the 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; That, number 1 of Article 133 of the Constitution gives the category of organic leys those governing the organization and functioning of the institutions created by it; and, in the exercise of his constitutional powers and in accordance with the provisions in numbers 1 and 2 of Article 133 of the Constitution of the Republic of Ecuador, issues the following:



ORGANIC LAW OF THE FUNCTION AND SOCIAL CONTROL
TRANSPARENCY CHAPTER
I

Purpose and scope Art. Purpose.- 1. This Act is to regulate the institutional structure yfuncionamiento of the Transparency and Social Control and its Coordinating Committee, and develop their skills, powers, obligations, duties and powers in accordance with the provisions of the Constitution of the Republic of Ecuador. Art. 2.- Ámbito.- This Act applies to all organs, bodies and institutions that make up the Transparency and Social Control, and that they be created for the performance of the obligations of this function of the State.

CHAPTER II Pr inciples the function Tr ansparencia

Art and Social Control 3. Principios.- The Transparency and Social Control is based on the following principles:. 1. Independence: No function or agency

State may intervene in the organization, administration, authority or adoption of resolutions of the Transparency and Social Control.

2. Autonomy: The Transparency and Control

Social and its organs shall be governed by its own

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Regulation in the administrative, financial, budgetary yorganizativo areas.

3. Transparency: In all its actions,

Resolutions and the application of rules and procedures yel advertising access to public information be ensured, especially in those that the rights of individuals, communities, municipalities, towns, nationalities and groups protected.

4. Social Control: People, communities, communes,


Peoples, nationalities and groups will participate in the evaluation of public policies and services to ensure the effective implementation of the rights recognized by the Constitution and international human rights instruments, through monitoring the actions of the servers in the sector public and natural or legal persons from the private sector to provide public services or carry out activities of public interest.

5. Accountability: All institutions

public, its authorities and legal representatives, elected officials and natural or legal persons from the private sector to provide public services or carry out activities of public int rés, have a duty to prepare a report on public works, newspaper, timely, transparent and accessible language, to be presented at least once a year for public services they provide.

6. Par citizen participation: The citizens, in

Individually or collectively, may participate in processes of public policy; initiatives to promote deliberation, planning and decision making of the management of public affairs; control of state institutions and their representatives, through the mechanisms established in the rules governing them.

7. Equity: Public institutions, authorities and

Legal representatives, as well as natural or legal persons from the private sector to provide public services or carry out activities of public interest, have a duty to take steps to achieve the full realization of rights for the people of Ecuador and and access to equal opportunities within the framework of their competences and services they provide.

8. Responsibility: Public institutions, their

Authorities and legal representatives, as well as natural or legal persons from the private sector to provide public services or carry out activities of public interest, they should be repaired by the violation of fundamental rights and guarantees of citizens and, as a result of actions or omissions.

9. Principle of coordination and cooperation

Institucional.- The institutions that are part of the Transparency and Social Control must coordinate actions for the fulfillment of its purposes and

For the effective exercise of the rights recognized in the Constitution.
CHAPTER III

Objectives
Function and Social Control Tr ansparencia

Art. 4. Objectives.- The Transparency and Social Control has the following objectives: 1. To promote and encourage the control of the entities and

Public sector bodies, and natural or legal private sector who provide services or perform activities of public interest people, so that made with responsibility, transparency and fairness.

2. Promote and encourage citizen participation. 3. Protect and promote the exercise of rights. 4. To prevent and combat corruption.
CHAPTER IV

Conformation
Function and Social Control Tr ansparencia

Art. 5. Establishment of the Function and Control Tr ansparencia Social.- The Transparency and Social Control is made by the Council of Citizen Participation and Social Control, the Ombudsman, the Comptroller General and the legally constituted superintendents. Art. 6. Committee Coordinación.- holders entities the Transparency and Social Control will form the Coordinating Committee of the Transparency and Social Control, in order to design and implement common strategies of public policies the scope of its powers. The Coordination Committee will be the body for coordination of the Transparency and Social Control, and will have a President, a Vice Chairman and a Technical Secretariat. Art. 7. Atrib UTIONS and duties of the Committee are ydeberes Coordinación.- powers of the Coordination Committee, the following: 1. To formulate public policy transparency, control

Social, accountability, promotion of citizen participation, prevention and fight against corruption.

2. Coordinate the action plan of the entities

Transparency and Social Control, without affecting its autonomy.

3. Articulate and coordinate the formulation of the Plan

National Prevention and Fight against Corruption.

4. Submit to the National Assembly proposals

Legal reforms in the scope of its powers.

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5. Report annually to the National Assembly, or


At its request, activities relating to the performance of their duties.



6. And approve manuals, regulations and resolutions necessary for its operation and that of the Technical Secretariat.



7. Approve annual operational plans and the budget for its implementation, on which the Technical Secretariat will submit reports semiannually Management Coordination Committee.



8. Or appoint the Technical Secretary of the three candidates submitted by the President or the Transparency and Social Control.



9. Sesionar ordinary every two months and extraordinarily when requested or the President, or at the request of at least three of the holders of the entities of the Transparency and Social Control. In case of temporary or permanent absence of one or more of the owners, who will attend legally subrogated or replace.



10. Maintain coordination with other state institutions and private sector entities in joint actions aimed at fulfilling the objectives of the Transparency and Social Control.

11. And approve the work report of the

Technical Secretariat. 12. Other established by other legislation. Art. 8. Quórum.- The quorum for the installation of the Coordination Committee will be half plus one of its members. To make decisions simple majority is required. In cases of a tie, the vote of the person chairing the meeting shall be decisive. Art. 9.- or the President and the Vice President or the function Tr Social.- ansparencia and Control Within the first two weeks of January each year, the owners of the entities of the Transparency and Control So- cial rotationally among its members elect its President or President and his Vice President or Vice, who last a year in the exercise of their functions. The President or Vice andthe or the Transparency and Social Control will serve as President or Vice President or Vice and Coordination Committee. In case of impediment or temporary absence of the President or the subrogated him or Vice President. In case of absence or disability of both, by the member or designated by the Coordination Committee. If the absence of or the President is final, he shall be replaced's or Vice President for the time remaining to complete the period, notwithstanding that subsequently can be elected President or President in the riod p that corresponds to the institution it represents, in fulfillment of the rotation system.

Art. 10. Atr ibuciones of or Coordinación.- Chairman of the President or the Chairman of the Coordination Committee of the Transparency and Social Control, responsible for: 1. To represent the Transparency and Control || | Social
. 2. Report to the National Assembly annually or when

This requires, of activities relating to compliance with the powers and duties of the Transparency and Social Control.

3. Submit to the National Assembly bills

Which have been approved by the Coordination Committee of the Transparency and Social Control.

4. Prepare the agenda yconvocar sessions

Ordinary and extraordinary the Coordination Committee, preside over them and verify compliance with the resolutions, with the support of the Technical Secretariat.

5. Subscribe or jointly with the Technical Secretary

Minutes of ordinary and extraordinary and other internal documents not mativo character of the Coordination Committee of the Transparency and Social Control sessions.

6. Other established by other legislation. Art. 11. Atrib UTIONS or Vice-Chair of the A or the Vice President of the Transparency and Social Control, responsible for: 1. Replace or subrogated to temporarily or

President of the Transparency and Social Control in its functions in accordance with the relevant legal standards.

2. Assume the presidency in case of permanent absence

Holder until the respective period is met. 3. that delegation assigned by the Committee

Coordination or the President or the President. 4. Other established by other legislation.

Art. 12. The Secretariat Técnica.- The Technical Secretariat is the operational arm of the Coordination Committee, has administrative and financial autonomy and shall be exercised by one or a Technical Secretary, who shall be its highest authority. Art. 13.- Requirements.- The Technical Secretary or the last five years in its functions and shall meet the following requirements: 1. Be Ecuador and in possession of the rights of


Political participation.

2. Possessing third level academic degree.

3. Accredit knowledge and experience of at least three years in the characteristics of the Transparency and Social Control subjects.

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The Technical Secretary or will have the rank of Secretary of State. Art. 14.- Atrib UTIONS of or Secretary or Technical Técnico.- The Secretary shall have the following powers: 1. To monitor policies and plans formulated

By the Coordination Committee. 2. Comply with the agreements, resolutions and other

Decisions of the Coordination Committee and its President or President.

3. Represent legal, judicial and extrajudicial the Committee

Coordination and Technical Secretariat. 4. To act as Secretary of the Presidency of the

Function and Coordination Committee. 5. Subject to the knowledge and approval of the Committee

Coordination, operational plans, the annual budget required for the Coordination Committee and the Technical Secretariat.

6. Develop and follow up on the agenda of

Activities of the Committee, under the supervision or the President.

7. Design the strategy, the plan and the necessary inputs

To define policies Transparency and Social Control.

8. Coordinate implementation of the Plan and actions

Transparency and Social Control. 9. Present semiannually to the Coordination Committee,

Reports on monitoring plans and programs formulated by the Committee itself.

10. Appoint and remove servers from the Secretariat

Technical accordance with the law and the guidelines of the Coordination Committee.

11. Report calls made by or

Chairman. 12. Prepare the minutes and resolutions of the Committee

Coordination, give public faith of them, save the original, keep them updated and issue certified copies.

13. Coordination Committee propose to the rules for

The functioning of the Secretariat. 14. Subscribe lao together with the President of the

Function resolutions, regulations and manuals issued by the Coordination Committee.

15. The other responsibilities that the Coordination Committee

Within the framework of its powers or those established in other legislation.

Art. 15.- Cessation of functions or the Secretary Técnico.- The Technical Secretary or cease its functions for the following reasons:

1. Compliance period for which he was elected; It may not be reelected.

2. By voluntary resignation accepted by the Committee

Coordination. 3. incur one or more of the established causal

In Article 48 of the Organic Law of Public Service.

Art. 16. Par participation of entities headline is the function Tr ansparencia and Control Social.- The holders and entities that are part of the Transparency and Social Control will not receive additional income or allowances to perceived the exercise of their respective functions attend the meetings of the Coordination Committee or by holding office or additional responsibilities conferred by the Committee. Art. 17.- Units coordinación.- Each of the entities that make up the Transparency and Social Control shall, within their respective organizational structure of processes, a coordination unit with the bodies of the function and the Committee coordination, in order to comply with the commitments that each institution corresponds.
CHAPTER V
National Integrated System Function

Transparency and Social Control
Art. 18.- National System Integrado.- National Integrated System of the Transparency and Social Control is the set of policies, standards, methods and procedures that articulate the actions of the members agencies Function. Art. 19.- Regulación.- The Coordination Committee of the Transparency and Social Control regulate the participation of the institutions of the Transparency and Social Control in the National Integrated System, with respect for their autonomy and competencies that Constitution and the law assign them. Art. 20.- information.- Exchange Entities that make up the Transparency and Social Control exchange information related to the formulation, implementation, monitoring and surveillance plans of transparency, accountability, citizen participation, social control and prevention and fight against corruption, but may, for this purpose, argued secrecy of any nature between organisms that make up the Coordination Committee, except ls cases established by law.

GENERAL PROVISIONS FIRST. - The Coordination Committee will have jurisdiction to issue all the regulations necessary for the implementation of this Act, in relation to the yfuncionarios units of the organizational structure refers to.

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SECOND.- The Ministry of Finance will allocate the necessary resources for the organization yfuncionamiento the Transparency and Social Control, in accordance with the approved by the Coordination Committee budget.


TRANSITIONAL PROVISIONS


FIRST. - The current President and Vice President of the Transparency and Social Control shall exercise such functions and be President or President and Vice-President or Vice President of the Coordination Committee until the second week of January next year immediately following the publication of this Law, such dignities be renewed.

SECOND.- For the start of managing the Transparency and Social Control, the holders of the agencies that make up the Role authorize service commissions of provisional staff required, until the appointment and possession definitive staff.

THIRD.- The deadline for entities that make up the Coordination Committee comply with the provisions of Article 17 of this Law shall be six months from its publication in the Official Gazette and sixty days to name or to the Technical Secretary.

FOURTH. - The Coordination Committee, within 60 days from the publication of the Law presnte, create the organizational structure of the Technical Secretariat.

FIFTH.- within ninety days of the publication of this Law, the Ministry of Labor Relations, in coordination with the Ministry of Finance, will create the items necessary for the functioning of the Technical Secretariat of the Transparency and Social Control.

SIXTH.- The Ministry of Finance will allocate the necessary financial resources for the organization and operation of the Transparency and Social Control for the remainder of the fiscal year that goes into effect this Act.



FINAL PROVISION This Act shall come into force upon its publication in the Official Gazette.

Done and signed at the headquarters of the National Assembly, located in the Metropolitan District of Quito, Pichincha province, the first day of August two thousand and thirteen.

F.) ROSANA ALVARADO CARRIÓN, First Vice President in exercise of the Presidency.

F.) DR. LIBYA RIVAS O., General Secretary.

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 civil service is a service to the community which is governed by the principles of efficiency, quality, hierarchy, deconcentration, decentralization, coordination , partition, planning, transparency and evaluation. That, in paragraph 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 powers established in the law, exercise stewardship of public policy area issuing office and administrative arrangements required yresoluciones management; That, in Article 35 of the Law on State Modernization, published in the Official Gazette No. 349 of December 31, 1993, it stipulates that: "When institutional coexistence requires, maximum personeros of state institutions dictate agreements, resolutions or trades necessary to delegate its powers (...) "; That, in Article 17 of the Statute of the Legal and Administrative Regime of the Executive Function states: "(...) The Ministers of State, within the sphere of their competence, may delegate its powers and duties to the hierarchical lower official their respective Ministries, when absent n secondment abroad or if they see fit, as long as delegations granted not affect the smooth running of the Minister's Office, all without prejudice to the functions, powers and duties according with the laws and regulations has the delegated official. the ministerial delegations that referred to in this Article shall be issued by the Ministers of State by ministerial agreement, which will be made known to the Secretary General of the Public Administration and published in the Register . official the official to whom the Minister has delegated his functions directly respond to acts performed in the exercise of such delegation. "; That, in Article 55 of the Statute of the Legal and Administrative Regime of the Executive Function is determined that: "(...) the characteristics of the various entities powers and authorities of the Central and Institutional Public Administration, be delegated to the authorities or lower-ranking bodies, except those that are prohibited by law or decree (...) "; That by Executive Decree No. 3 of 30 May 2013, published in the Supplement to Official Gazette No. 14 of June 13, 2013, the National Secretariat of the Presidency was created, as a dependency of the Presidency of the Republic, oriented proper management of political decisions that the President of the