Law Organic Of The Council Of Citizen Participation And Social Control

Original Language Title: Ley Orgánica del Consejo de Participación Ciudadana y Control Social

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CONSTITUTIONAL COURT

Year II -- Quito, Wednesday September 9, 2009 -- No. 22

SUMMARY:

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NATIONAL ASSEMBLY

ACT:

THE PLENARY SESSION OF THE NATIONAL ASSEMBLY:

-Council Organic Law

Citizen Participation and Social Control ............................................................

2

-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 ........................................................

16

RESOLUTION:

LEGISLATIVE ADMINISTRATION COUNCIL:

AN-CAL-09-012 Expidese Regulation Advance Remuneration of the

Legislative Function .....................................

17

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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 .......................

22

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 .................................................

23

-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, after

to 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 as

stimulating 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:

postulations

1. 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

excuse

any 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.

10 -- Supplement -- Official Record No. 22 -- Wednesday September 9, 2009

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

plan

and 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 least

five 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 their

facilities. 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

Office

of 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

's

Citizen 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 appear

to 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 unilateral

decision. 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.