Key Benefits:
CONSTITUTIONAL COURT
Year II -- Quito, Wednesday September 9, 2009 -- No. 22
SUMMARY:
Pags.
NATIONAL ASSEMBLY
ACT:
THE PLENARY SESSION OF THE NATIONAL ASSEMBLY:
-Council Organic Law
Citizen Participation and Social Control ............................................................
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-Repudiate and strongly reject the decision of the Government of President Alvaro Uribe to allow a significant increase in the presence of US military on its national territory ........................................................
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RESOLUTION:
LEGISLATIVE ADMINISTRATION COUNCIL:
AN-CAL-09-012 Expidese Regulation Advance Remuneration of the
Legislative Function .....................................
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Pags.
EXECUTIVE FUNCTION
RESOLUTIONS:
MINISTRY OF MINES AND
PETROLEOS, NATIONAL DIRECTORATE OF HYDROCARBONS:
0618 Delegate functions to Mr. Bladimir
Adolfo Plaza Castellanos, Transportation and Storage Control and Control Coordinator ..........................................
19
0619 Delegate functions to engineer Diego
Andres Rueda Albuja, Coordinator of the Control and Approval Process Fiscalization Of Liquefied Petroleum Gas Marketing .....................................
20
0620 Delegate functions to economist Jorge
Olmedo Yepez Castillo, Coordinator of Liquidations and Statistics .......................
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LIC. LUIS FERNANDO BADILLO GUERRERO DIRECTOR-COMMISSIONED
Quito: Avenida 12 de Octubre N 16-114 y Pasaje Nicolas Jiménez Dirección: Telf. 2901-629 -- Offices and sales: Telf. 2234-540 Distribution (Storeroom): 2430-110 -- Manosca No. 201 and Av. 10 August Branch Guayaquil: Malecon No. 1606 and Av. 10 August -- Telf. 2527-107 Annual subscription: US$ 300 -- Printed on National Editor 1,700 copies -- 24 pages -- Value US$ 1.25
Administration of Mr. Ec. Rafael Correa Delgado Constitutional President of the Repub lica
S U P L E M E N T O
2 -- Supplement -- Official Record No. 22 -- Wednesday September 9, 2009
Pags.
JUDICIAL FUNCTION
NATIONAL COURT OF JUSTICE
RESOLUTIONS:
-Please note that in six months the judges and courts must conclude and resolve the causes that are dealt with by the The Code of Criminal Procedure of 1983, must be applied to each of the phases or instances of the criminal proceedings and whose period will be counted from the date on which the Judge or Tribunal assumes the jurisdiction .................................................
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-Be sure that until the corrections judges are appointed and appointed, the National Director of Social Rehabilitation will continue to grant the The Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance had to September 2001 and the reduction of penalties of one hundred and eighty days for each five-year period ...................................
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REPUBLIC OF ECUADOR NATIONAL ASSEMBLY
Of. No. SAN-09-047.
Quito, 3 SEP 2009.
Licensed Luis Fernando Badillo Director of the Official Registry, Enc. In his office.
Of my considerations:
The National Assembly, in accordance with the powers
that confers on 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 COUNCIL FOR CITIZEN PARTICIPATION AND SOCIAL CONTROL.
In session on August 25, 2009, the plenary session of the
National Assembly met and spoke on the
partial objection filed by the President
Constitutional Republic.
For the above; and, as provided by 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 ORGANIC LAW OF THE COUNCIL OF CITIZEN PARTICIPATION AND SOCIAL CONTROL, so that it can be published in the Official Register.
Attentive,
f.) Dr. Francisco Vergara O., Secretary General.
THE PLENARY SESSION OF THE NATIONAL ASSEMBLY
Considering:
That, through Constituent Mandate No. 23, approved
by the Constituent Assembly and published in the Second
Supplement to the Official Register No. 458 of October 31
of 2008, the Legislative Commission was formed and of
Taxation as the body responsible for fulfilling the
functions of the National Assembly, among them the
issue, code, reform, or repeal laws;
What, in accordance with Art. 1 of the Constitution of the
Republic of Ecuador, approved in referendum of 28 of
September 2008, published in the Official Register
No. 449 of October 20, 2008, Ecuador is a state
constitutional of rights and justice, social, democratic,
sovereign, independent, unitary, intercultural,
plurinational and secular;
What, the second paragraph of Art. 1 of the Constitution, notes
that sovereignty lies in the people, whose will is the
foundation of authority and, is exercised through the
organs of public power and forms of participation
direct;
What, Art. 61 of the Constitution establishes the rights of
participation of those who enjoy Ecuadorian and the
Ecuadorans;
What, Art. 95 of the Constitution enshrines the right of
participation of the citizenry in all matters of
public interest and provides for the citizens and citizens,
in Individual or collective form, will participate in a way
starring in decision making, planning and
management of public affairs, and in the popular control of
the institutions of the State and society and their
representatives, in a permanent build process
of citizen power;
What, According to Article 204 of the Constitution
of the Republic, the people are the mandant and the first
fiscator of the public power in exercise of their right to
participation;
What, Art. 207 of the Constitution creates the Council of
Citizen Participation and Social Control as an
unfocused body to promote and incentivize the
exercise of rights related to participation
citizen, drive and establish control mechanisms
social in matters of public interest, and designate the
authorities that correspond to you according to the
Constitution and law;
What, Arts 208, 209 and 210 of the Constitution of the
Republic determine the duties and powers of the
Council for Citizen Participation and Social Control;
What, the Council of Citizen Participation and Control
Transitional Social in compliance with what is foreseen in the
last paragraph of Art. 29 of the Transitional Regime referred to
within the established deadline, the draft Law Organic that
regulates the organization and operation of the Institution;
What, Art. 133, number 1 of the Constitution of the
Republic, states that they will have the category of laws
organic ones that regulate the organization and
operation of the institutions created by the
Constitution; and,
Supplement -- Official Registration No. 22 -- Wednesday 9 September 2009 -- 3
In exercise of the privileges conferred by the number 6
of the Constitution of the Republic, resolves
issue the following:
COUNCIL OF
CITIZEN PARTICIPATION AND SOCIAL CONTROL
TITLE I
GENERAL RULES
Art. 1.-Object and scope.- This Organic Law is intended to regulate the organization, operation and
powers of the Council of Citizen Participation and
Social Control, in accordance with the Constitution of the
Republic and the law.
The Council for Citizen Participation and Social Control
promotes and encourages the exercise of rights related to
citizen participation; drives and establishes the
social control mechanisms; and the designation of the
authorities that correspond to the
Constitution and the law.
Art. 2.-From the General Principles.- The Council for Citizen Participation and Social Control, in addition to the
constitutional principles will be governed by the following:
1. Equality.- and citizens are guaranteed, individually and collectively, equal
rights, conditions and opportunities to participate,
influencing and deciding on public life in the State and
society.
2. Ethics Laica.- It is guaranteed to be based on reason, free of all pressure or preconceived influence
and every confessional belief, by the State and its
officials.
3. Diversity.- The recognition and incentive of respect-based participation processes and
recognition of the right to difference, from the
different social actors, their expressions and forms of
organization.
4. Interculturality.- They value, respect and recognize the diverse cultural identities for the
building of equality in diversity.
5. Public deliberation.- A relationship of dialogue and debate is guaranteed to build arguments for the
public interest decision
for the construction of good living.6. Social autonomy.- Citizens, individually or collectively, decide freely and
without imposing public power, on their
aspirations, interests and how to achieve them;
observing rights constitutional.
7. Independence.- The Council will act without influence from the other public authorities, as well as from factors that
affect their credibility and trust.
8. Complementarity.- The Council will encourage appropriate coordination with other bodies of the
State functions, the different levels of
government and the citizenry. You may require
cooperation from other instances to reach your
ends.
9. Subsidiarity.- The Council will act in the field that corresponds to it in cases other than
exclusive competence of other organs of the Function
of Transparency and Social Control or other Functions
of the State, avoiding overlays.
10. Transparency.- The Council's actions will be freely accessible to the citizenry and will be subject to the
public scrutiny for their analysis and review.
11. Advertising.- The information that the Council generates or owns is public and free of access, except that
that is generated and obtained while developing
research processes according to the
Constitution and the law.
12. Opportunity.- All Council actions will be based on relevance and motivation.
Art. 3.-Nature.- The Council of Citizen Participation and Social Control is a body of law
public, with its own legal personality, autonomy
administrative, financial, budgetary and organizational.
of the Transparency and Control Function
Social.
Art. 4.-Home Office.- The Council for Citizen Participation and Social Control will be based in the Capital of the
Republic and will be organized in a concentrated way to
through delegations at the provincial level.
promote and encourage the exercise of rights
relating to the citizen participation of Ecuadorians and
Ecuadorians abroad will be able to establish a delegation
temporary according to the needs defined by the
Tip. Consular offices will be required to provide
facilities for the development of their activities.
TITLE II
OF THE POWERS OF THE CITIZEN PARTICIPATION AND CONTROL COUNCIL
SOCIAL
CHAPTER I
General attributions
Art. 5.-General attributions.- The Council of Citizen Participation and Social Control is responsible for:
1. Promote citizen participation, stimulate public deliberation processes and promote the
formation of citizenship, values, transparency and struggle
against corruption.
2. Establish accountability mechanisms for public sector institutions and entities, and the
private sector legal entities that provide
public services, develop activities of interest
or manage public resources.
3. Urge the other entities in the function to act in a mandatory manner on the issues that
merit intervention at the Council's discretion.
4. Organize the process and monitor the transparency in the execution of the acts of the citizens ' commissions of
selection of state authorities.
4 -- Supplement -- Official Record No. 22 -- Wednesday September 9, 2009
5. Designate the first authority of the Attorney General's Office
General of the State and the Superintendents of between
the terms proposed by the President or President of
the Republic, after the impeachment process and
corresponding citizen veeduria.
6. Appoint the first authority of the Ombudsman's Office, Public Defender, Office of the Prosecutor General of
State
General Comptroller of the State, afterto exhaust the corresponding selection process.
7. Appoint the members of the National Electoral Council, Electoral Court and Council of
the Judiciary, after exhausting the selection process
.
8. Designate the authorities and delegates of the citizenry to determine the law, after exhausting the process of
corresponding selection, with oversight and right to
citizen challenge, in the cases that
correspond.
9. Present, promote and promote normative proposals, in matters that correspond to the responsibilities
specific to the Council of Citizen Participation and
Social Control.
10. The other attributions outlined in the Constitution and law.
CHAPTER II
Of citizen participation, social control and accountability
Art. 6.-Privileges in the promotion of participation.- To the Council of Citizen Participation and Social Control in the promotion of participation
citizen:
1. Promote initiatives for citizen participation of Ecuadorians and Ecuadorians in the country and abroad
to guarantee the exercise of rights and good
to live; as well as to ensure compliance with the law
citizenship to participate in all phases of the
public management, in the different functions of the
State and levels of government, through the
mechanisms provided for in the Constitution of the
Republic and the law.
2. Propose to the different public authorities, the adoption of policies, plans, programs and projects
aimed at encouraging citizen participation in
all levels of government, in coordination with the
citizenship and social organizations.
3. Propose, promote and facilitate public debate and deliberation processes on issues of public interest,
whether they are born of their own or the initiative
of society. You must also systematize
the results of the discussions, disseminate them widely, and
refer them to the competent entities.
4. Promote training in citizenship, human rights, transparency, social participation and combat
to corruption to strengthen the democratic culture of
indigenous people, communities, peoples and nationalities
Afro-Ecuadorians and Montubians, as well asstimulating the capabilities for exercise and enforceability
of rights of citizens residing in the
country, as Ecuadorians and Ecuadorians abroad.
5. Promote training in citizenship, human rights, transparency, citizen participation and
combating corruption in the officials of the
public sector entities and bodies and the
natural persons or Private sector legal entities that
provide services or develop activities of interest
public.
6. Promote the recovery of historical memory, organizational, cultural traditions and experiences of
democratic participation of Ecuador.
7. Monitor the participatory management of the institutions that make up the public sector and disseminate reports to the
regarding the same ones that will be sent to the competent body
.
Art. 7.-Incentives for participatory initiatives.- The Council for Citizen Participation and Social Control
will establish and regulate financial support mechanisms,
legal and technical, under the recognition of the autonomy of
the civil society, through:
1. Modalities of eligible funds, in favor of citizen participation spaces that request it,
to encourage citizen participation, control
social, transparency and fight against corruption.
2. Exchange of experiences and knowledge on citizen participation.
3. Implementing a document information file, web portal, virtual libraries, and other
information access communication resources
updated.
4. Organized and unorganized citizenship training in Ecuador and Ecuador and
Ecuadorians abroad through courses, workshops,
academic events, fieldwork, among others.
Art. 8.-Privileges in the face of social control.- They are the responsibility of the Council of Citizen Participation and
Social control in relation to social control:
1. Promote and stimulate social control initiatives on the performance of public policies for the
compliance with the rights established in the
Constitution, and on public sector entities and
natural or legal persons in the private sector
who provide public services, manage resources
public, or develop activities of public interest.
2. Support technical and methodologically the initiatives of oversight, observatories and other control spaces
social, that demand it, to demand accounts of the
public management, in the framework of the rights
constitutional.
3. Citizen vetoes will be able to monitor the public policy cycle with emphasis on the processes of
planning, budgeting and executing public spending;
the execution of plans, programs, projects, works and
services public, as well as the actions of the and
public servers in general. If in the report of the
veeduria, it will be observed that there are indications of
responsibility, the Council will send the competent authority
copy of the report for its knowledge and
treatment in a mandatory manner.
Supplement -- Official Record No. 22 -- Wednesday 9 September 2009 -- 5
4. Act as a liaison between the State and the citizenry within the processes generated by the initiatives
citizens and urge that the requests and complaints
be addressed.
5. Require the National Electoral Council to pay due attention to the petitions submitted by the citizenry
to revoke the mandate to the authorities of
popular election and to call for consultation
popular in the terms prescribed in the Constitution.
Art. 9.-Accountability.- It is the attribution of the Council of Citizen Participation and Social Control to establish
mechanisms for submitting to the evaluation of society, the
actions of the State and the legal entities of the sector
private to provide public services, manage resources
public or develop activities of public interest; with
attention to the rights approach, expected results
and obtained, to the financial resources used and
methods used to manage it.
Accountability will be a participatory process,
periodic, timely, clear and truthful, with accurate information,
sufficient and with affordable language. Accountability
will be performed at least once a year, and its call will be
wide, to all sectors of the related society, and
properly publicized.
Art. 10.-Content of accountability.- The accountability process must contain at least
the following:
1. Compliance with policies, plans, programs, and projects.
2. Implementation of the institutional budget.
3. Meeting the entity's objectives and strategic plan.
4. Public procurement processes.
5. Compliance with recommendations or pronouncements emanating from the entities of
Transparency and Social Control and the Attorney General's Office
General of the State.
6. Compliance with the work plan presented to the National Electoral Council, in the case of the
popular election authorities.
7. In the case of public companies and private sector legal entities providing services
public, public resources or developing
public interest activities should present
annual and annual balance sheets
compliance levels of
objectives.
8. Others that are of importance to the collective interest.
Art. 11.-Required to be held accountable.-
State authorities are required to be accountable
elected or free removal, legal representatives of
public companies or private sector legal persons
manage public funds or develop activities of
public interest, without prejudice to the responsibility that
has and the public servants on their acts or
omissions.
In case of non-compliance by the institutions and
public sector entities, the Board of Participation
Citizen and Social Control will refer the complaint to the
Comptroller General of the State to initiate the process of
investigation into the management of the obligated authorities,
without prejudice to the sanctions provided for in the Organic Law
of Transparency and Access to Public Information by the
denial of information.
Art. 12.-Monitoring of accountability.- The Council will need to perform monitoring actions and
periodic follow-up to the accountability processes of
concerted accounts with the institutions and the citizenry;
analyzing the methods used, the quality of information
obtained and formulate recommendations.
Institutions ' accountability reports and
public sector entities, will be referred to the Council of
Citizen Participation and Social Control within the
30 days after the date of presentation of the
report, so that compliance with the
obligation is verified and also disseminated through the mechanisms
available to the Council.
CHAPTER III
transparency and fight against the
corruption Art. 13.-Privileges in the promotion of transparency and the fight against corruption.- are the responsibility of the Council for Citizen Participation and Social Control in the relative
promoting transparency and fighting corruption as
:
1. Promote institutional policies on the transparency of public affairs management, the
ethics in the use of goods, resources and in the exercise
of public functions and citizen access to the
public.
2. Require any entity or official of the State institutions to provide the information that it considers
necessary for its investigations or processes. The
people and institutions will collaborate with the Council and
who refuse to do so will be sanctioned by
agreement to the law.
3. Natural or legal persons in private law who provide services or develop activities of
public interest, who do not submit the information of
interest in the investigation within the time limits
established in the Transparency and Access Law to the
information, will be sanctioned by the body of
corresponding control at the request of the Council of
Citizen Participation and Social Control, without prejudice
of the civil actions or penalties to occur.
4. Requiring public sector institutions to heed requests or complaints from the
citizenship as well as investigate complaints at the request of
party, affecting participation, generating corruption
or going to against social interest.
5. Issue reports that determine the existence of any evidence of responsibility that is qualified by the
Council, according to the internal rules
respective and provided that this determination does not
6 -- Supplement -- Official Record No. 22 -- Wednesday September 9, 2009
being performed by another organ of the same function,
in addition to formulating the necessary recommendations and
boosting actions legal ones that correspond.
6. Acting as a procedural part, as long as the reports are issued are mandatory and will have validity
evidential, in the causes that are established as
consequence of their investigations.
7. Request the Public Prosecutor's Office to protect individuals who report or testify in the investigations carried out
the protection system of the
victims and witnesses. In case of imminent risk will urge
the immediate action of the Prosecutor's Office.
Art. 14.-Denuncia.- The Council of Citizen Participation and Social Control is obliged to accept,
qualify, accept pending, and investigate to have merit
sufficient, the complaints about acts or omissions that
affect the participation or generate corruption.
The reservation and protection of the
whistleblower
be guaranteed.The Council will also be able to resolve to initiate investigations
when the documents attached to the complaint can be
clearly, accurately and clearly verify that the
institutions that have acted in the Case have failed
its attributions, provided for in law, or the case to be investigated
may constitute a precedent for subsequent actions
of the Council and other institutions within the framework of its
competencies.
Complaints may be presented orally or by
written in the official languages of intercultural relation, in
case of being done orally will be reduced to writing,
being able to be counted with experts interpreters if required and
must contain at least the following requirements:
1. The first and last names, number of citizenship cards, marital status, and domicile of whom
denunciation;
2. The clear mention of the fundamentals of fact and law that motivate it;
3. Flag the authority, public servant, or private-law person conducting activities of interest
public or providing public services, that allegedly
has incurred the reported irregularity; and,
4. Documentation that is based on the complaint.
Art. 15.-Admissibility.- The case will be supported when the following is verified:
1. When the Council is competent to hear the case on the grounds of matter, they are against the
rights relating to participation or generate
corruption.
2. When the complaint complies with legal requirements.
3. When a judicial process of any kind has not been initiated by the fact, nor is there any statement
executed in this respect.
4. And the others established in the Constitution, the law.
Art. 16.-Investigation.- The investigation will be governed according to the regulation that is dictated for the effect, that will respect the
due process, the attributions and competences of the
other organs of the State and the rights previewed in the
Constitution.
The Council will ask the competent organs of the
Judicial Function for the precautionary measures or actions that
deems appropriate, to prevent acts of corruption or
to suspend the acts or acts that Affect the rights
of participation or prevent the exercise of social control.
Art. 17.-Reports.- The report resulting from the investigation will be known to the Council's plenary session of
Citizen Participation and Social Control in the form prior to
its approval, to ensure its legitimacy and legality
on the observance of the constitutional rights of the
persons involved. The reports issued by the Council
should be written, motivated and conclusive.
The Council will implement measures to safeguard and
caution the integrity and accessibility of files by
required in law or according to needs
institutional.
Art. 18.- It will be the obligation of the Council of Citizen Participation and Social Control, to carry out the follow-up of
the judicial or administrative processes that are derived from
the reports of the Council and to promote the legal actions and
administrative necessary according to the
recommendations formulated in those; for that purpose
should intervene as a procedural part in such causes, be
by means of particular charge when determined
hints of criminal liability, or demand, according to the
case, filed by exercise their legal representation.
This attribution will be exercised without prejudice to the intervention
of the Attorney General of the State, as
the judicial representative of the State.
TITLE III
CITIZEN PARTICIPATION AND SOCIAL CONTROL
ART. 19.-Conformation.- The Council for Citizen Participation and Social Control will be composed of seven
Directors and Principal Directors and seven alternates,
who will perform their duties for a period of five
years.
The peer representation
of men and women will be guaranteed sequentially and alternated
among those who have obtained the best scores and
with the inclusion of at least one or more Member, both
principal and alternate, coming from peoples and
indigenous, Afro-Ecuadorian or montubian nationalities.
will promote interculturality and the
generational equity in its composition.
The selection of the counselors and the counselors will be realized
from among the applicants that propose the organizations
social and citizenship.
Art. 20.-Requirements.- To be Counselor or Counselor is required:
1. Be Ecuadorian or Ecuadorian.
Supplement -- Official Record No. 22 -- Wednesday 9 September 2009 -- 7
2. Be in enjoyment of the rights of participation.
3. Have been 18 years of age at the time of filing.
4. Credit recognized probity recognized for the proper and transparent management of public funds, for
those people who have handled them; performance
efficient in private and/or public function, as well as
diligence and responsibility in the fulfillment of their
obligations.
Art. 21.-Bans.- They may not be designated or held as Counselors or Councillors who:
1. They will be in court interdiction, while this subsidiary, except in the case of insolvency or bankruptcy that does not
have been declared fraudulent;
2. They have received an enforceable sentence that condemns the custodial sentence, while it is a subsidiary;
3. Maintain a contract with the State as a natural person, partner, representative or agent of persons
legal, provided the contract has been concluded
for the execution of public works, provision of
public service or exploitation of natural resources;
4. Have not complied with the rehabilitation measures resolved by competent authority, if there is
been sanctioned by domestic violence or by
gender;
5. Have exercised executive authority in de facto governments;
6. They have been sentenced for crimes against humanity and hate crimes;
7. Have outstanding obligations with the Internal Revenue Service;
8. In the last two years, they have been or are party managers or political movements registered in the
National Electoral Council and/or have played
a dignity of popular choice in the same period;
9. Be judges and judges of the Judicial Function, members of the Electoral Tribunal, the Council
National Electoral Council; Secretaries, Ministers of State and
the members of the foreign service, unless they have
renounced their functions six months before the date
marked for enrollment;
10. Be members of the Armed Forces and the National Police in active duty or representatives of cults
religious;
11. Due to duly certified food pensions by the competent judicial authority;
12. Be spouses, have union in fact or be relatives to the fourth degree of consanguinity or second of
affinity with the members of the National Council
Electoral; and,
13. Others to determine the Constitution and the law.
Art. 22.-Convocation.- " The National Electoral Council will organize the public contest of opposition and merit for
the designation of the Councilors and Councillors that
will integrate the Council of Citizen Participation and Control
Social, in the terms provided for in this law. " For such
effect, it will hold a call in the official languages
of intercultural relationship, the same one that will be published in the
Official Register. This call will be broadcast on
national radio and television network using the spaces
available to the National Government, as well as the
institution's website and at least three of the
of greater national circulation, without prejudice to the use of other available means of communication
The diplomatic representations and consular offices
of Ecuador, will be responsible for the dissemination and promotion
of the call, in order to obtain the active participation
of the Ecuadorians and Ecuadorians on the outside.
The call will describe the legal requirements
set out in this law, which must be met by the
applicants, the indication of the place of receipt of
postulations, date and time limit of your presentation.
The call to the counseling and counselors contest
must be accompanied by the instructional that the Council
National Electoral Council dictates for the effect.
Art. 23.-Postulations.- The selection of Counselors and Councillors will be made from the postulations presented by
the social and citizen organizations and citizens to
personal title, that they live in the country or abroad, in the
terms and conditions that determine this law;
social organizations will not be able to apply to more than one
person.
The application comprises the delivery of the
life sheet or the postulator, with the respective documents of
legalized or certified support and with a letter that
expresses the reasons for the application.
In the case of postulations coming from
social organizations must also accompany the organization's backing letter
. Such organizations
must check to be active at least during the
last three years.
After the end of ten days, counted to
from the publication of the call in the Register
Officer, end the period for submitting bids.
The Councilors and Councillors will not be able to present to the
opposition and merit contests to designate their
replacements, even if they have quit previously.
Art. 24.-Admissibility process.- The National Electoral Council will verify that the applicants comply with
the requirements to exercise the position of Counselors and
Councillors, who are not incourses in the prohibitions
provided in this law; and the delivery of the documentation
duly legalized or certified.
The applications that do not comply with these aspects will not be
considered for the contest, particular to be notified to the
postulator or the sponsoring social organization,
preventing it from within the term Three days
after notification, you can request the review of
such a decision. The review request will be prompted and
accompanied by the supporting documentation. The Council
National Electoral in the three-day term, counted
since it was received, will resolve in a reasoned manner in
only instance.
8 -- Supplement -- Official Registration No. 22 -- Wednesday September 9, 2009
The or the applicant will be disqualified at any time,
for having submitted false or incomplete information, without
the responsibilities to which you place.
Art. 25.-Opposition and merit.- All and the applicants must be given a skills test, the same as that which will be
drawn up by three professors or university professors
from careers related to the subjects of the contest,
chosen from among the terns presented by the
Universities of Ecuador to the National Electoral Council.
Those who will be required to maintain confidentiality
on the contents of the test while duration of the process.
The test will be about citizen participation, control
social and public ethics and will be designed with questions
objective and multiple choice, in relation languages
intercultural.
The diplomatic representations and consular offices
of Ecuador will be responsible for receiving the tests
of Ecuadorians and Ecuadorians abroad, of
compliance with the regulations to be dictated for effect.
The merit assessment will be performed from the folders
delivered by the and the applicants, once supported by
part of the National Electoral Council.
Art. 26.-Qualification criteria.- The qualification will be differentiated for the applications that come from the
organizations and the citizenry, taking into account the
following criteria as appropriate:
social:
postulations1. Leadership and experience as leaders in organization, participation and social control.
2. Experience in issues of social control, entrepreneurship, organization, democracy, work
community or social representation.
3. Academic training, the same as in the total merit assessment will not be higher than the assessment of the
numerals 1 and 2 of the or the applicant.
4. Training on issues related to organization, democracy, participation and social control.
5. Awards and acknowledgements related to the promotion of participation rights.
6. Years of organization trajectory, time of experience in organizational processes, participation
or social control as well as the territorial scope of work
.
For citizenship postulations:
1. Leadership and participation in civic, organization, participation, social control and services
community initiatives.
2. Work experience on issues of social control, citizen participation, organization, participation
and community services.
3. Academic training and specific training on issues related to citizen participation,
organization, democracy and social control.
4. Awards and recognitions related to citizen participation and social control.
Art. 27.-affirmative action measures.- Additionally, the following conditions of the or the
applicant, whether from the organizations or the
citizenship, to assign points for affirmative action, will be taken into account.
cumulative, will be added to the total merit rating and
opposition and in no case those scores will be
greater than the total predicted score:
1. Ecuadorian or Ecuadorian abroad for at least three years in a situation of human mobility.
2. Persons with disabilities.
3. Belong to quintiles one and two of poverty.
4. Be less than 30 or older than 65 years of age at the time of filing.
5. Person domiciled for the past five years in the rural area.
Art. 28.-Rating.- The National Electoral Council will perform the qualification of merit and opposition in the term
of twelve days after the completion of the process of
admissibility, according to the respective Regulations.
This phase will be disseminated the results of
the qualification through the publication on the web page
of the institution, in at least three circulation journals
national and in stations of greater regional harmony and local,
without prejudice to any other available
media being used. The representations
diplomatic and consular offices of Ecuador will be
responsible for the dissemination of the results abroad.
The qualification of the postulations will be carried out in two
lists differentiated from men and women, with the purpose
to ensure that in the final conformation the alternation
and sequentiality. The opposition rating
will correspond to 50% of the total assessment and merit to the remaining
50%.
Art. 29.-Recalification.- Las and the applicants may request the recalification of the merits and/or the opposition,
within the three-day term, counted from the
dissemination of the results of the total qualification obtained.
The National Electoral Council will have a term of six
days, counted from the completion of the receipt of
recalification requests to resolve in a single and
final instance.
Art. 30.-Dissemination of results.- The National Electoral Council, will disseminate the results with the names and
qualifications of the twenty and four best people
scored within the contest of opposition and merit,
respecting the conformation set forth in this law.
This information will be published on the website of the
institution, in at least three national circulation journals
and in stations of greater regional and local level, without
damage to other media being used
Supplement -- Official Record No. 22 -- Wednesday 9 September 2009 -- 9
available. Diplomatic representations and
Ecuadorian consular offices will be responsible for the
dissemination of results abroad.
Art. 31.-Impeachment.- Within the ten-day term, counted from the date of the publication of results,
any person or social organization may challenge
the selected postulations. The challenge must be
motivated and presented in writing to the Council
National Electoral, with signature of responsibility and
accompanying the certified documentation that
corresponds, under the strict respect to the rights
constitutional.
The challenges will be interposed when it is considered that
the selected bids do not comply with the
legal requirements, have no probity, are incurred within
of the prohibitions or have been omitted some
relevant information to post to the position. The
challenges that are not presented in the intended form
in this Law, will be discarded.
In case of not having the information to back up your
challenge, for denial of the right to the free access to
public information in accordance with the law, the Council
National Electoral will require of the owning entity of the
information, the delivery of the same in a term not greater
to two days. In case of breach of the obligation, the
President or Chairman of the National Electoral Council
will require whoever corresponds, after the respective process,
the sanction provided for in law.
The Council National Electoral in a motivated manner will resolve
the provenance of the impeachments and will notify to the and the
challenged applicants who will be able to present evidence
of discharge in the five-day term. For
challenges will be held public hearings
within six days, respecting the right
to the defense, replication and due process.
This phase, the National Council, is concluded Electoral
will resolve in a term of up to eight days, accepted the
challenge the or the applicant will be disqualified.
Art. 32-Order of assignment.- They will be designated as the main members of the three candidates
best scored in the women's group, the three best ones
scored in the group of men; yes to the post
number six did not exist a member of peoples and
indigenous, Afro-Ecuadorian or montubian nationalities, the
number seven will be occupied by the or the member of
these groups with the best score, taking into account the
alternation and sequentiality between man and woman. The
first punctuated or scored will determine the order of
alterability and sequentiality.
The same procedure will be followed for the selection of the
Councillors and the alternate members. In case of
excuseany successful candidate, it will take its place that the
follows in score according to the order of precedence
guaranteeing parity. If a tie is produced between the
and the selected applicants, the National Council
Electoral will draw a public draw between the
and the
Art. 33.-Proclamation and possession.- Once the challenges have been resolved, the National Electoral Council will proclaim
the final results of the contest in the order of
allocation provided for in this law and will send the names of the
fourteen men and women appointed to the Assembly
National to proceed to their possession.
Art. 34.-Veeduria to the contest.- Social organizations and citizens will be able to organize oversight of oversight
and to accompany the process of selection of Directors and
Counselors, with the commitment to issue truthful information
and prevent any person from being sworn in, or punishment.
Veedings will not be able to delay, prevent or suspend the
selection process without the decision of a competent authority.
The National Electoral Council will regulate the conditions
citizen veedurias participation for this
contest, the that must be registered with the same.
Art. 35.-Impediments to exercise the oversight.-
Social organizations,
citizens and citizens who:
1. They have nominated to be part of the Council for Citizen Participation and Social Control.
2. Have any conflict of interest directly or indirectly with the Council, be contractors or
providers of the function of
Transparency and Social Control; be dignitaries,
officials or servers of the public sector; or have
worked within the previous year in the Council of
Citizen Participation and Social Control.
3. They are linked by marriage, fact-union or kinship within the fourth degree of consanguinity,
second of affinity with some Counselor or Counselor or
postulate to the Council.
TITLE IV
STRUCTURE CITIZEN PARTICIPATION AND CONTROL COUNCIL ORGANIC
SOCIAL
CHAPTER I
Of The Bodies
Art. 36.-Institutional structure.- The Council for Citizen Participation and Social Control will be integrated
by government bodies, implementers, advisers and support.
Government bodies: The Council plenary session, the Presidency and Vice-Presidency.
Executors: Delegations of the Council for Citizen Participation and Social Control; the Secretariat
Technical Participation and Social Control; the Secretariat
Transparency and Fight Against Corruption.
Advisory Bodies: Commissions Specialised. Supporting and auxiliary organs: General Secretariat and other bodies to determine the regulation to be issued
for the purpose.
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Art. 37.-The Council Plenary Session.- The Council Plenary will be integrated by the seven Principal Councils and Councillors,
who will be replaced in case of temporary absence or
final by the Board of Directors or alternate members,
legally appointed, with attachment to the order of their
qualification and designation.
Art. 38.-Privileges.- They are the privileges of the Council's plenary:
1. To designate from among the Principal Counselors or Directors to the President or President and to the
Vice President or Vice President of the Council.
2. Appoint the Secretary-General on the basis of a terna proposed by the President of the Council and
resolve its removal with justified cause.
3. Designate the representative of the Citizen Participation and Social Control Board to the
coordination of the Transparency Function.
4. Organize the Citizen Selection Commissions, dictate the rules of each selection process and monitor
transparency in the execution of the acts, of
agreement with the Constitution and the present law.
5. Designate once the selection process that corresponds to the state authorities and representatives
of the citizenship provided by the Constitution and the law.
6. Create and regulate the Council's Specialized Commissions as well as appoint its members.
7. Issue resolutions to unfocus the functions and attributions that correspond to the Council of
Citizen Participation and Social Control and designate
the and territorial delegates as well as proceed to their
removal.
8. Establish institutional policies, plans, programs, and projects, approve the strategic, operational
annual, procurement; budget pro forma
planand the accountability report.
9. Issue organic status by process; internal regulations; manuals and instructions for the
organization and operation of the Council.
10. Name or remove with justified cause the Secretaries or Technical Secretaries of the executor level.
11. Approve the interinstitutional cooperation agreements and instruments.
12. Know and meet the recommendations of internal and external audit reports.
13. Regulate the processing of receipt of complaints and the investigation process.
14. Learn about the administrative management development reports presented by the and the President and
decide on them.
15. Know and act on the research reports by the Council of
Citizen Participation and Social Control.
16. Exercise the other privileges established by this Law and the relevant regulations.
Art. 39.-Operation of the Council Plenary.- The sessions will be ordinary and extraordinary and will be
convened according to the regulations and the law. In addition the
extraordinary sessions may be convened at the request
of at least four Counselors or Councillors, to deal
exclusively the matters foreseen in the call,
that will contain the order of the day set in the request.
Council Plenary sessions will be public, except
for investigation matters. It will session and take
decisions with the absolute majority of its members, in
case of a tie in the vote, the President or President
will have a vote on the floor.
Art. 40.-The President or President of the Council.- The Directors and Senior Directors will elect the
President or President and the Vice President or
Vice President of the Council, within the first five
The Presidency and Vice-Presidency will be performed in a manner
alterningly and sequentially between man and woman in the middle of the
period for which counselors and counselors were elected
in accordance with the Constitution.
In case of temporary absence or excuse for conflict of
interests to know specific topics, you will have the
Vice President or Vice President, and in case of absence
will replace it.
Art. 41.-The Vice President or Vice President.- You will be chosen from among the top advisors, from the
same way as the President or President.
Replace this one in case of temporary absence, and of being
definitive, until you complete the period for which you were elected
the holder. In the latter case, the Council Plenary
will appoint the new
Vice President or Vice President.
Art. 42.-Privileges of the President or President.- The following
the privileges of the President or President of the Council:
1. Comply and enforce the Constitution and the law.
2. Exercise legal, judicial and extra-judicial representation, as well as subscribe to contracts and all other
documents that compel the Board of Participation
Citizen and Social Control in accordance with the
Constitution and the law.
3. Delegate in writing its privileges and duties to the Vice President or Vice President, who will report the
compliance with the activities and will be personal and
jointly and severally responsible for the actions and decisions in
compliance of the same.
4. Exercise the highest administrative authority of the Council.
5. Convene ordinary or extraordinary sessions, chair the plenary sessions and draw up the order of the
session.
Supplement -- Official Record No. 22 -- Wednesday 9 September 2009 -- 11
6. Call the Deputy Counselor or Advisor in case of absence of the holder.
7. Present to the Council in plenary for approval the strategic plan; the annual operational plan and the annual plan
of acquisitions; as well as the plans, programs and
projects necessary for its operation.
8. Timely submit to the plenary the final reports of the investigations
the Council will take.
9. Appoint the Council servers or servers and exercise the other administration's own actions
of personnel, in accordance with the legal rules
on the subject, except the servers or the
servers whose designation or sanction corresponds to the
Full Council.
10. Present the annual report of the Council to the National Assembly, to the coordination instance of
the Role of Transparency and Social Control, the
agencies of the State that correspond and the
citizenship.
11. Others that establish the relevant Act and regulations.
Art. 43.-Counselors and Councillors shall:
1. Present at the beginning and end of your management a sworn estate declaration, in accordance
with the law.
2. Save absolute reservation about the investigations that are carried out by the Council until the
reports are issued. This obligation is made
to the officers, employees and workers
of the Council, under penalty of removal. The information
reserved can only be delivered by the
Counselors and Councillors to and those involved with the
to ensure their right to defense and due
process.
3. Excusing in investigations into cases where there are conflicts of interest or in which of some
are personally involved their
relatives, within the fourth degree of consanguinity and
second of affinity.
4. They will not be able to participate in partisan activities; and,
5. The others that are contemplated in the Law and Regulations.
Art. 44.-Fuero and responsability.- The principal counselors and counselors during the exercise of their duties
will enjoy the jurisdiction of the National Court of Justice, will be
subject to the social control and political prosecution of the
National Assembly in accordance with the Constitution and
law.
Art. 45.-Bans in the exercise of functions.- Counselors and counselors during the exercise of their functions
will not be able to:
1. Political proselytism.
2. Act on matters where there is conflict of interest with the exercise of their functions.
3. Disclose information about the matters of the investigations being conducted by the Council.
Art. 46.-Cesation of functions.- Counselors and counselors will cease in their duties by:
1. Death.
2. By termination of the period for which they were designated.
3. By resignation; and,
4. By censorship and impeachment by impeachment established by the National Assembly because of the
failure to fulfil its responsibilities or by having
incurred one or more of the prohibitions
established in the Constitution and the law, during the
exercise of their functions.
Art. 47.-Of the alternate members.- In case of temporary or permanent absence of the principal advisors, the first alternate member of agreement
is to be
to the order of assignment by the score obtained in the
public opposition and merit contest, ensuring the
alternability, sequentiality and parity between men and
women in the composition.
Art. 48.-Delegations of the Council of Citizen Participation and Social Control.- The Council of Citizen Participation and Social Control for the fulfillment of their
faculties and attributions will be deconcentrated by
delegations at the level provincial, their functions will be
determined in the regulation to be dictated for the effect. The
Full Council will designate the holders of the
delegations from the regulations that will be dictated for the
effect, who will be chosen by contest of opposition and
merits likewise the Council in plenary with the
two-thirds of its members may constitute the
temporary delegations abroad.
The principles, requirements, prohibitions and time of
exercise for delegates and delegates will be the
same as for the Councillors and Councillors.
Art. 49.-Technical Secretaries.- The Council plenary shall appoint two Secretaries or Secretaries from outside its bosom
Technicians of a third party presented by the President or
President of the Council, who shall be free
and removal.
The requirements and prohibitions for the Secretariats or
Technical Secretaries will be the same as for the selection
of the Councilors and Councillors, in addition to owning a
-party university degree
level and have experience of at leastfive years in participation and social control processes.
Art. 50.-Privileges of the Technical Secretariats.- The Technical Secretariats correspond to them:
1. Organize, direct the operational technical work that corresponds to the competencies of the Council
and submit respective technical reports; and,
12 -- Supplement -- Official Record No. 22 -- Wednesday September 9, 2009
2. Technically advise the Councilors and Councillors
on matters pertaining to the Council's competence.
Art. 51.-Servers and servers.- The servers or servers will be subject to the provisions contained in the
Constitution, laws and other rules governing the
Public Administration.
Art. 52.-Specialized Commissions.- The specialized commissions are instances of advice that will be
created in order to fulfill the privileges
established in this law and in the regulation that is dictated for
the effect. Each counselor will be integrated into at least one
specialized commission.
Art. 53.-From the General Secretariat.- The holder or the holder of the General Secretariat shall be designated or designated by the
Full Council of outside its breast, from among a third party
proposed by the President or President of the body,
must have a third-level title in law and credit the
minus 5 years of experience in the administrative field.
Will be present at the plenary sessions with the right to voice
and without a vote. You will also comply with the requirements and
attributions to the relevant regulation.
The time of exercise in the position of the Secretariat holder
General, will be the same as that of the President of the
Citizen Participation and Social Control Board,
being able to be re-elected or re-elected for one time.
Art. 54.-Sources of resources.- The Council for Citizen Participation and Social Control, will be funded by:
1. State General Budget resources; the same as will be sufficient to ensure the full
operation and execution of the privileges
conferred on this body.
2. The resources coming from agreements with national or international public bodies or
private people working on issues related to participation
citizen, social control, transparency and fight against
corruption, previous Attorney General's Office report
3. The other resources that correspond to you according to the law.
TITLE V
OF THE NATIONAL SELECTION COMMISSIONS
CHAPTER I
OF THE FORMATION OF THE COMMISSIONS
SELECTION CITIZENS
Art. 55.-Organization.- The Council of Citizen Participation and Social Control to fulfill its functions of
designation, will organize national selection commissions
that will be in charge of carrying out the public contest of
opposition and merits, with application, oversight and right to
the citizens ' challenge for the designation of the
following authorities: Ombudsman, Defender
Public, State Attorney General, Comptroller General of the
State and members of the National Electoral Council, Tribunal
Contentious Election, Judicature Council, and the
other necessary to designate the members of
other collegiate bodies of the State entities of
compliance with the Constitution and the law.
All designations of both authorities and
citizen representatives who are delegated to the Council of
Citizen Participation and Social Control will be made to
through the selection processes through the
commissions citizens to conform to
effect, except to designate authorities that
come from terns presented by the President or
President of the Republic.
The development of the process of veeduria and
citizen challenge for the designation of the Prosecutor
General of the State and the Superintendents, from the terns
sent by the President or President of the Republic,
will be directly carried out by the Council of
Citizen Participation and Social Control.
Art. 56.-Integration.- The commissions will be composed of a delegate or delegate of the Executive, one of the
Legislative, one/a of the Judicial Function, one of the
Electoral Function and one/a of the Function of Transparency and
Social control and by five representatives of the
social organizations and the citizenry, selected in
public draw among the thirty best qualified who are
postulate and meet the requirements that the law determines.
The Commissions will be based on a peer-to-peer basis between
women and men
and
differentiated for representatives of organizations
social and citizenship.
The delegates must belong to the functions
of the state that delegates them and will be designated by the
maximum decision-making body for each of them.
The State Functions to designate your delegate or
delegated, will have the thirty-day time limit that you will run from
that are notified with such a requirement, expired which,
if they have not proceeded to the designation, the Council of
Participation Citizen and Social Control will designate them
directly, under legal preemptions.
The Commissions will be led by one of the
representatives of the citizenry, who will have a vote of dirimente
and their sessions will be public.
In the choice of who leads the commission, they will participate
all commissioners.
Art. 57.-Requirements and Bans.- To be a member of a Citizens ' Selection Commission and the
citizenship representatives require the same
requirements as to be Counselor or Counsellor in addition to
demonstrate knowledge and experience in the affairs
related to the functions of the authority to be
designated or in public management, according to the
Regulations for each contest dictate the Council of
Participation Citizen and Social Control.
The members of the commissions will have the same
bans to be Counselors or Councillors,
including the following:
Supplement -- Official Record No. 22 -- Wednesday 9 September 2009 -- 13
1. Who is a spouse, has a union in fact relative to the fourth degree of consanguinity or second of
affinity with the members of the Council of
Citizen Participation and Social Control.
2. Who is a spouse, maintains union in fact or is a relative within the fourth degree of consanguinity or
second of affinity with another or another postulate to the
same Citizen Selection Commission, if the
case, will be drawn to who should be excluded from the process.
The members of the Participation Council
Citizen and Social Control will not be able to participate in the
Citizens ' Commissions designation contests
two years after completing their functions.
Art. 58.-Convocation.- For the designation of the five delegates of the citizenry, who are part of the
Citizen Selection Commissions will be held a
open call to the citizenry to register their
bids for the public draw.
The Rules for Organization of Commissions
Selection Citizens will normalize the form of presentation,
content and other aspects of the call, the same
that will be published in the Official Register and disseminated in
intercultural relationship languages, the website of
Council, in three of the national circulation journals; and, in
the mass media and broadcast at the local level
and national that the Council determines.
Diplomatic representations and consular offices
of Ecuador, will be responsible for the dissemination and promotion
of the call, in order to obtain the active participation
of Ecuadorians and Ecuadorians abroad.
Art. 59.-Postulations.- For the selection of the representatives of the social organizations and of the
citizenship, they will be able to present postulations, in title
personal or with the sponsorship of social organizations in the
from 10 days counted from the date of
call.
Each social organization will run a single candidate or
candidate for a Citizen Selection Commission and each
citizen or citizen will be able to run for a single
national selection commission. The bid will contain
the or candidate's life sheet, with the documents of
respective legal or certified support, and in the case
of postulates sponsored by social organizations, the
letter with the motivated justification for the sponsorship.
The Council for Citizen Participation and Social Control
will verify and qualify those and the applicants who comply
with the requirements and that no courses are found in
none of the prohibitions provided for in the law. The list of
s and qualified applicants will be published on the Council's
web page
and on a public billboard in theirfacilities. Those who were not qualified will have a
two-day term counted from the publication for
request the Council to review the decision.
The Council will resolve in a single and final instance in the
ended two days after the request was received. If the
decision is favorable to the candidate, you will be notified and will be
considered for the draw
Art. 60.-Public Sorteo.- The draw for the selection of the five delegates of the citizenship to the commissions
citizens of selection will be differentiated and before you would notice
or notary public; and it will be carried out between the and the thirty
better qualified by the Council of
Citizen Participation and Social Control. In that draw
ten applicants will be chosen, in order of ranking,
from social organizations and citizenship.
The results of the public draw for the integration of
Citizen Selection Commission, will be broadcast
in the languages of intercultural relationship on the page
Council electronics, and on a public billboard in the
Council facilities. The representations
diplomatic and consular offices of Ecuador, will be
responsible for the dissemination and promotion of the results
of the draw.
The Council of Citizen Participation and Control Social
will verify and qualify the and the applicants who comply with
the requirements and that no courses are found in any of
the prohibitions provided for in the law. The list of the
qualified applicants will be published on the Council
e-page, and on a public billboard in their
facilities. Those who were not qualified will have a
two-day term counted from the publication for
appeal the decision to the Council.
Art. 61.-Impeachment.- Once the results of the draws are known, within five days from the
publication date of the list, a period of
public scrutiny and impeachment will open. Citizens or
citizens or organizations will be able to challenge the
favored by the draw. Challenges will be
interposed when non-
applications are deemed to comply with legal requirements, due to lack of probity,
are incurred in any of the prohibitions or have
omitted information relevant to post to the position.
Art.
. 62-Resolution of impeachments.- The Council will analyze the challenges by accepting or denying them in
motivated form. Accepted the challenge will notify the and
the contested postulants so that in the three
days you can present the evidence of disclaimer.
In case of impeachment, the candidate or
candidate will be disqualified. If the
challenge is rejected, the or the applicant may be appointed to the
national selection commissions; all
impeachments must observe the constitutional rights
.
Art.-63.-Veedurias.- The Council for Citizen Participation and Social Control will guarantee the participation of
oversight in the process of selecting Commissions
respective. The entire
information and documentation of the selection process of
the citizens ' commissions will be free, immediate and
permanent access to citizenship.
14 -- Supplement -- Official Record No. 22 -- Wednesday 9 September 2009
CHAPTER II
OF THE AND THE COMMISSIONERS AND THE
FUNCTIONING OF THE CITIZENS ' COMMISSIONS
Art. 64.-From the President or President.- The members of each national selection commission must choose from
among the commissioned or commissioned from the
social organizations or the citizenry to the President or
President, who will have a vote to vote.
Art. 65.-Of the Diets.- The commissioned officers and commissioners, during the period of their duties, will receive
daily allowances equivalent to 3.3% of the remuneration
a unified monthly fee to be paid by a Counselor or
Counsellor of the Citizen Participation Council and
Social Control.
In the event that the commissioned and commissioned officers who
force public servants will be required to apply
previously without salary for the period
that will last its functions in the Selection Commission.
If the commissioned or commissioned
private employees are appointed, under
dependency, the employer will be obliged to grant you
leave for the time it takes as
commissioner or commissioner and to guarantee your
reinstatement to your job, once you have
completed the activities of the respective Commission
Selection Citizen.
The Citizen Commissions Selection will work
operationally with the support of the Council's technical team
Citizen Participation and Social Control.
Art. 66.-Bans.- Members of the Citizen Selection Commissions are forbidden:
1. Act on matters where there is conflict of interest with the exercise of their functions.
2. Formulate criteria, bias, or express animadversion or discrimination against any of the
participants in the corresponding contest.
Art. 67.-Function Cesation.- Members of the Citizen Selection Commissions will terminate their
functions in the following cases:
1. Death.
2. Waiver.
3. Reasoned resolution of the Citizens ' Participation and Social Control Board, which
determines the failure of its duties and
obligations, or have incurred the prohibitions
to be a member of the Commissions Citizens
Selection, which will be approved by most
Council members.
4. Abandonment of the charge, as required by the corresponding Regulation.
5. Conclusion of activities of the Citizen Selection Commission.
CHAPTER III
OF THE SELECTION AND DESIGNATION OF AUTHORITIES AND REPRESENTATIONS
CITIZENS
Art. 68.-Selection and designation of the Executive's terms.- The Council of Citizen Participation and Social Control will appoint the first authority of the
State Attorney General and Superintendents
proposed by the President of the
Republic in accordance with the provisions of the article
208, number 10 of the Constitution of the Republic of the
Ecuador; for which the Citizens ' Commissions will be appointed
Selection that corresponds to implement the
veedurian, scrutiny and impeachment processes for the
selection of these authorities. The proposed terns will be
conforming to the parity and alternability between
men and women and under the principle of interculturality.
The President or President of the Republic will send by
writing to the Council of Citizen Participation and Control
Social the respective terns, accompanied by the leaf of
life of the applicant, the same one that will be disseminated to
through the website of the Council of Participation
Citizen and Social Control, the process will observe the
provisions of the Constitution and the law.
The Commissions will not be able to reject one or all of the
members of the terms proposed by the Executive, except
that, as a result of the challenges, is justified such
decision.
Art. 69.-Selection and designation by contest of opposition and merit.- The Council of Citizen Participation and Social Control will appoint the maximum
authorities of the Ombudsman's Office, Ombudsman
, Public Prosecutor General of the State, Comptroller General
of the State, to the authorities of the National Council
Electoral, Electoral Court and Council of the
Judicature, in accordance with the provisions of the article
208, numerals 11 and 12 of the Constitution of the Republic
of Ecuador and the law.
For the selection of Citizenship representatives to the
spaces provided for by law will be designated commissions
citizens who will have to follow the same processes
established in this law.
Art.-70 Postulation of the first authorities.- The first authority of the Ombudsman's Office, Defensoria
Public Prosecutor General of the State, Comptroller General
Officeof the State, members of the National Electoral Council,
Electoral Court,
State and Superintendents, representations
citizens to the various bodies and bodies,
will be able to participate in the selection processes for the
designation of their replacements, prior to the resignation of one hundred
eighty days before the call for competition or
shaping the terns and will not be able to participate in such
procedures if they had already held the same charge for
two terms, except for the authorities with
express prohibition set out in the Constitution and the law.
To participate in the selection processes for the
designation of another authority other than the charge that is
found performing, the authorities of these
Supplement -- Official Registration No. 22 -- Wednesday September 9, 2009 -- 15
institutions will necessarily have to give up their
charge, ninety days before the call for competition
public.
Art. 71.-affirmative action measures.- For the case of the designation of Ombudsman, Public Defender,
Attorney General, and Comptroller General of the State and in the
designations of collegiate bodies will be guaranteed the
peer-to-women integration of competitions
differentiated and at least the inclusion of a person
representative of indigenous peoples and nationalities,
Afro-Ecuadorians or montubians. In each of the contests
the same expected affirmative action criteria will be applied
for the designation of counselors and counselors.
Art. 72.-Regulations.- The Citizens ' Selection Committees shall conduct the public opposition contest
and merit and the processes of oversight and impeachment for
designate the authorities and other representatives of
agreement with the Constitution, law and regulation
set for effect.
Art. 73.-Report.- Once the selection process of the authorities has been completed, the Selection Commissions
will send the Council plenary a report with the
results of their work. The Board of Participation
Citizen and Social Control will designate those who have
obtained the highest score in the contest by ensuring the
parity between women and men and the inclusion of at least
a postulant from peoples and nationalities
indigenous, Afro-Ecuadorians, or conformities
with this law; and the designated or designated
ternas process depending on the case.
The reports are binding and the Participation Council
Citizen and Social Control will not be able to alter the
assessments resulting from the contest conducted by the
commissions, nor the order of the contest results nor
modify the postulants ' assessments for the
designation of authorities by opposition contest and
merits for which you use terns.
The Council will refer to the National Assembly the payroll of
the new authorities selected for possession
.
TRANSIENT provisions
FIRST.- Once this law is approved, the National Electoral Council plenary chosen in accordance with
Article 18 of the Transitional Regime, no longer
Thirty days will issue the regulation for the contest
of opposition and merits for the designation of those who
will conform the Council of Citizen Participation and
Social control and will immediately carry out the
call for the same according to the Constitution and
the law.
SECOND.- One Elected the Council of Citizen Participation and Social Control, will form the commissions
citizens of selection, based on the regulations
elaborated by the Council of Citizen Participation and
Social Control Transient, it will call the competitions of
opposition and merit for the selection of authorities and
citizen delegates according to the Constitution and the law,
until its designation.
THIRD.- For the conformation of The Selection Citizen Commissions that will perform the processes
authorities and collegial bodies, the
delegate or delegate of the Judicial Function will be appointed
by the National Court of Transitional Justice.
FOURTH.- The Transitional National Electoral Council will appoint the delegate or " Electoral Function Delegate
for the conformation of the
Selection of Citizens ' Commissions that will carry out the selection processes of
authorities and collegiate bodies.
QUINTA.- Once the new Legislative, Executive and Transparency and Control functions
Social organize the qualifying commission that will designate
the magistrate and magistrates who will be part of the first
Constitutional Court. The rules and procedures of the
Contest will be handed down by the Board of Participation
Citizen and Social Control in accordance with the Law
Organic Guarantees and Control
Constitutional.
SIXTH.- Within the thirty-day period counted from its possession, the Board of Participation
Citizen and Social Control, elected by the Council
National Electoral Council, will approve the Internal Rules of
Operation of the Plenary, Rules of Procedure of the
Staff Administration and the Organic Regulation by
Processes. As long as this regulation is issued, it will be governed by the
relevant to the regulations or resolutions issued by
the Council for Citizen Participation and Social Control
.
SEVENTH.- Derogase the Second Transitional Provision of the Democracy Code, and it is available that the
members of the Transitional National Electoral Council will not
be able to participate in the process of designation of
Electoral and Transparency authorities and
Social Control.
EIGHTH.- For the selection processes of authorities, the authorities in charge of the Constituent Assembly and
authorities designated by the procedure
set by the Transition will be able to participate
in the process of selecting their replacements prior to their
resignation, except for the members of the Council
National Electoral Council according to the Constitution and the law,
who will be able to participate in the designation processes of
authorities of the other functions of the State other than
the Electoral and Social Transparency and Control Function.
NINTH.- The National Electoral Council designate an administrator or administrator in charge of management
administrative and Participation
'sCitizen and Social Control Board, the same one that will work from
the cessation of functions of the Participation Council
Citizen and Transitional Social Control until the assumption of
Citizen Participation Council and
Social Control appointed through the tender procedure
by the Transitional National Electoral Council.
FINAL DISPOSITION.- This law shall enter into force from the date of entry into force of this Agreement. of its publication in the Official Register.
16 -- Supplement -- Official Registration No. 22 -- Wednesday September 9, 2009
Given and subscribed at the National Assembly headquarters,
located in the Metropolitan District of Quito, province of
Pichincha, to the Twenty-five days of the month of August two
thousand nine. f.) Rolando Panchana Farra, Second
Vice President of the National Assembly.-f.) Dr. Francisco
Vergara, Secretary General of the National Assembly.
CERTIFIED that the COUNCIL OF CITIZEN PARTICIPATION AND SOCIAL CONTROL was discussed and approved in the first debate on June 16, 2009 and in the second debate on 8 and
14 July 2009, by the Legislative Commission and
Taxation; and, the National Assembly pronounced
regarding the partial objection of the President of the Republic
on August 25, 2009.
Quito, 2 September 2009.
f.) Dr. Francisco Vergara O., Secretary General of the
National Assembly.
THE PLENARY OF THE NATIONAL ASSEMBLY
Considering:
What, the Government of Colombia has resolved to allow the use
by U.S. forces of seven bases or
military installations located in its territory;
What, UNASUR, on August 10, 2009, in the city of
Quito noted with concern the installation of
important forces " U.S. on Colombian soil and
put it on its agenda of topics to discuss in the next
meeting of this organization to be held in Argentina on August 28,
What, contrary to what they maintain the governments of
Colombia and the United States this deployment goes much more
there than is necessary to replace the capacity of the Base
of Manta and it is disproportionate to the needs of the
fight against the guerrillas and drug trafficking, which are the
motives wielded by the government of President Alvaro
Uribe to reach the mentioned agreement. Such a situation
encourages fears that the real purpose of this
agreement is to sustain a geopolitical control strategy
of the hemisphere by the allied superpower;
What, the arms race and the presence of these forces
in Colombia threatens to upset the strategic balance in
South America, escalate the civil conflict that afflicts the
sister Republic, undermine the efforts being made by the
continent to set up a
regional security, conflict resolution, and peace system
democratic based on solidarity and the primacy of the
peaceful resolution of the causes of violence;
That this military agreement has provoked the rejection and fear
of the peoples of the Continent who see it as a threat
to the advancement of their struggles for democracy, peace and
social progress;
That this highly dangerous decision by President Alvaro
Uribe is given in circumstances in which his government and senior citizens
Colombian state officials insist on holding the
illegal and repudiable attack doctrine Preventive " and the
alleged right of your security forces to act
extra-territorially in your fight against terrorism and
other threats to your security;
What, the Constitution, in your article 416, concerning the
principles of International Relations, which I profess
our country, in its numerals 3 and 4 points out:
" 3. Condemns the interference of states in the affairs
internal states, and any form of
intervention, be armed incursion, aggression,
occupation or economic or military blockade,
4. Promotes peace, universal disarmament; condemns the
development and use of weapons of mass destruction and the
imposition of bases or facilities for purposes
military of states in the territory of others. ";
That, finally, the Colombian invitation to the U.S. forces
is made in the context of a serious deterioration
of Colombia's relations with its neighbors and especially
for Ecuador, with who diplomatic relations
remain broken; and,
In exercise of their attributions,
Resolves:
1. Repudiate and strongly reject the decision of the government of President Alvaro Uribe to allow an
important increase in the U.S. military presence
in its national territory.
2. Express deep concern about the harmful impact of this presence on the security and peace of the
region.
3. To express its opinion that an eventual agreement between Colombia and the United States seriously undermines the
effective and real peace building and integration efforts
South America, and that it would appearto be destined for sabotage the training process of
UNASUR as well as other initiatives to achieve the
autonomy of our peoples.
4. To insist that a full restoration of relations between Colombia and Ecuador, as well as the
mutual trust between our states, can
be
if the Colombian Government reviews its unilateraldecision. In particular, it
agrees to insist on the need for Colombia
to respond favorably to the conditions posed by
the Government of Ecuador, in order to overcome the
serious aggression suffered by Ecuador on 1 In March of the
year 2008, and above all to emphasize the absolute
need for Colombia to expressly renounce to the
repudiable and illegal doctrine of the "Preventive Attack
Extratritorial", as well as to any policy that In
against the sovereignty of its neighbors, against the
international law and in against the principles
accepted by the International Community and that
regulate the coexistence between civilized peoples and
lovers of the law.
