2023-05-17 21:32:40
The Constitutional Court will now co-legislate with the Executive, once Guillermo Lasso dissolved the Assembly by applying article 148 of the Constitution. Photo: File/ EL COMERCIO.
Jorge R. Imbaquingo (I)
Guillermo Lasso already signed his first decreeto enact the Tax Reform, after declaring the cross death and dissolve the National Assembly. Now it is in the hands of the Constitutional Court, organism that ‘replaces’ Parliament until the new legislature takes office.
Article 148 of the Constitution establishes that the President who activates the cross death must legislate together with the Constitutional Courtonce the Chief Executive has reduced your period for which he was chosen.
Does the Constitutional Court replace the Assembly?
“Until the installation of the National Assemblythe President of the Republic may, prior favorable opinion of the Constitutional Court, issue decree-laws of economic urgencywhich may be approved or repealed by the legislative body”, says paragraph 3 of article 148, with which the CC must collegiate in this special time.
The political analyst Francisco Montahuano believes that the role of the Constitutional Court should be counterweight in front of the executive Once with the cross death there is no National Assembly.
“I see the role of the Constitutional Court as that of a counterweight in democracy Ecuador, since with the dissolution of the Assembly, the Court will have to monitor the processes and proposals. It is a role never before arranged in the country and that is why it is of great importance”, said Montahuano.
Carte blanche to rule by decree?
However, Montahuao believes that there is a legal loophole on the actions of the Executive, since article 148 of the Constitution only provides CC co-legislation on issues of urgent economic lawslike the one sent this morning by President Lasso for a Tax Reform.
The Government Minister, Henry Cucalonasked by EL COMERCIO, said in a meeting with the press that “nobody has carte blanche in democracyEveryone is subject to the legal system. And as I said before, the Constitution in that article 148 indicates that decree laws are only (reviewed by the CC) in economic matter. The regular decrees do not have that condition of opinion of the Court”.
“In that sense there is a legal loopholeWe will have to see how the Constitutional Court acts. The key is for the Court to guarantee that the Executive’s actions are within the constitutional Framework, and that this does not lead to an excess of power of the central government”, added Montahuano.
This newspaper requested a spokesperson for the Constitutional Court to talk about the times that will apply to co-legislate with the Executive. However, there was no response from that institution.
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