Ecuador The Legislature
Presidential Palace, Quito
Courtesy Martie B. Lisowski Collection, Library of Congress
Although a bicameral organization of Congress had been
predominant in Ecuador's republican history, the 1979 Constitution
establishes a unicameral legislative body, the Congress. Two
classes of deputies--the nationals and the provincials--are
elected. The twelve national deputies are elected through a
national vote, are at least thirty years of age at the time of
election, and serve four years; they may be reelected after sitting
out a legislative period. Provincial deputies serve two years and
may be reelected after waiting out one legislative term. They are
elected in the twenty-one provinces under a system of proportional
representation. The provincial deputies must be at least twenty-
five years of age at the time of their election and be either
natives of the province they are to represent or residents of that
province for at least three years prior to the election. National
and provincial deputies must be Ecuadorian by birth, in full
possession of the rights of citizenship, and affiliated with one of
the political parties legally recognized by the TSE.
Those prohibited from serving as members of Congress or even
from participating in the electoral process include virtually all
members of the executive and judicial branches, public employees,
officials of banks and other credit institutions, holders of active
state contracts, military personnel on active duty, ministers of
any denomination and members of religious communities, and
representatives of foreign companies. In addition, no candidate may
be economically dependent on the state or have had any connection
with it at least six months prior to the election. Ninety days
prior to an election, a legally recognized political party must
register its candidates for Congress with the TSE.
Once elected, a deputy may not hold any other public post, with
the sole exception of a university teaching position. Likewise,
deputies are prohibited from exercising their profession while
Congress and its commissions are in session. While performing their
legislative duties or even carrying out acts outside of these
functions, deputies are protected by parliamentary immunity from
prosecution for common law penal infractions. They may be
prosecuted only if Congress votes to lift their immunity.
Congress usually meets once a year for a period of seventy
working days beginning on August 10 and ending on October 8. When
Congress convenes in an ordinary period of sessions, it elects from
among its members a president and vice president to serve one-year
terms. In addition, two secretaries are elected who are not members
of the legislature. The holders of these one-year appointments may
be reelected.
Congress also must name, from among its national deputies,
seven legislators and seven substitutes (suplentes) to each
of the four Legislative Commissions. These commissions cover civil
and penal issues; labor and social issues; tax, fiscal, banking,
and budgetary issues; and economic, agrarian, industrial, and
commercial issues. Congress may also designate or form other
commissions to deal with specific issues, such as constitutional
reform. When Congress recesses, the four established commissions
continue operating with certain powers, and in some matters certain
state organs may substitute for Congress. To discuss and approve
laws or other legislation, the four commissions meet under the
direction of the president of Congress and form the PCL (see
table 19, Appendix). The PCL may approve or reject proposals of law;
codify the laws; prosecute the judges of the CSJ, the Fiscal
Tribunal, and the TCA for infractions of the law; reject treaties
or international agreements; and, when Congress is in recess, make
the final decision on the legality of laws, decrees, regulations,
orders, or resolutions suspended by the TGC for reasons of
unconstitutionality.
The Constitution gives Congress important powers in legislation
and in political and judicial control. Only Congress, or in its
recess the PCL, may enact legislation or interpret the
Constitution. The executive may only work out regulations for the
application of the laws, without interpreting or altering them.
Specific congressional powers include reforming the Constitution
and interpreting ambiguous provisions; expediting, modifying,
reforming, repealing, and interpreting the laws; establishing or
replacing taxes, rates, or other public revenues; and approving or
rejecting public treaties and other international conventions
entered into by the executive. High officials of the state--
including the president, the presidents of the CSJ, TSE, TGC, and
Fiscal Tribunal, as well as the comptroller general and the
attorney general--must also present their annual reports to
Congress.
The legislature may also prosecute the president and vice
president; the ministers of state; the ministers of the CSJ, TCA,
and Fiscal Court; the members of the TGC and TSE; the comptroller
general; the attorney general; the fiscal general minister; and the
superintendents of banks and companies for infractions committed
during the exercise of their duties or up to one year after leaving
office. The president may be prosecuted only for serious charges,
such as betrayal of the nation, bribery, or other infractions
severely affecting the national honor.
Utilizing the interpellation procedure, one or more legislators
draw up a list of questions to an official or judge who is to be
prosecuted by Congress. The secretary of Congress must deliver the
list to the person at least five days prior to the date of
interpelación (interpellation procedure), when the
individual must appear before Congress to answer the questions. If
during the proceeding the person is determined to be guilty by an
absolute majority, Congress may censor the subject and dismiss him
or her from the post; the case then passes on to the appropriate
judges.
Congress also appoints a number of high-level government
officials, including the comptroller general, the attorney
general, the fiscal minister, and superintendents of banks and
companies. These appointments are made from lists submitted by the
president, each containing three proposed names. Only Congress may
remove these individuals from their four-year posts. Congress also
appoints the ministers or judges of the CSJ, the Fiscal Tribunal,
and the TCA. Should any of these posts become vacant when Congress
is in recess, it remains unoccupied until the next session.
The political nature of judicial appointments became a matter
of considerable controversy in the 1980s. For example, in October
1984 a dispute broke out between the legislative and executive
branches following Congress's appointment of sixteen CSJ judges
opposed by Febres Cordero. He used military and security forces to
prevent the newly elected judges from entering the Supreme Court of
Justice building. The controversy was resolved that December,
however, when Congress agreed to waive its prerogative to select
all of the judges and allow Febres Cordero to appoint eight of
them.
Congress also designates the seven members who make up the TSE,
as well as their substitutes. It elects three TSE members on its
own accord and elects the remaining four from two sets of names:
two members from one set provided by the president and two members
from another list sent by the CSJ. In addition, Congress selects
three of the eleven members of the TGC and their substitutes and
nominates the remaining members and their alternates from lists of
candidates submitted by the president, the CSJ, the Electoral
College, the Electoral College of Provincial Prefects, the National
Federations of Workers, and the Commercial Associations.
Congress also has a role in budgetary matters. One of its
Legislative Commissions reviews the budget submitted by the
executive branch through the Ministry of Finance and Credit. Only
in the case of budgetary discrepancies does Congress intervene.
Once Congress resolves any discrepancies, its approval is final,
and the executive may not object. If Congress wishes to repeal or
modify laws that increase public expenditures, it must seek other
sources of financing, create new substitute revenues, or increase
the existing ones.
Other congressional powers include installing the president and
vice president once the TSE proclaims them to be elected, and
electing the vice president, if that post becomes vacant. Congress
also handles resignations of the president, the vice president, and
certain other officials. Congress grants or denies permission to
the president and vice president to be absent from the country,
grants them general amnesty for political crimes, and imposes fines
on them for common crimes.
Congress may dismiss cabinet ministers by majority vote. During
the Febres Cordero presidency, the opposition majority in Congress
dismissed the finance and credit minister in late 1986 for alleged
abuse of tariff, exchange, and public spending laws; forced the
resignation of the energy and mines minister in August 1987 for
allegedly violating Ecuador's sovereignty in negotiating an oil
trade agreement; and impeached the government and justice minister
that October for alleged complicity in arbitrary arrests, torture,
and disappearances.
To deal with important matters that cannot wait until the next
ordinary session, the legislature may convene in extraordinary
session. This session may be called by two-thirds of the
legislators, the president of Congress, or the president. It may
consider only the specific matters for which it was called. If
another important issue arises or is introduced by the president,
it cannot be considered until the assembly ends and another is
called.
Data as of 1989
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