Constitutional Court rejects appeals against the dissolution of Parliament

First modification: 05/18/2023 – 19:15

Ecuador is experiencing moments of political tension, after President Guillermo Lasso invoked the Constitutional resource known as ‘cross death’ to dissolve a Parliament that was about to vote on a political trial against him.

In the last few hours, the head of the National Electoral Council (CNE), Diana Atamaint, announced Sunday August 20 as the tentative date for holding early general elections, as dictated by the application of the constitutional mechanism that Lasso opted for a day before.

However, the possible date to go to the polls must still be ratified by the plenary of the electoral body.

For the CNE “it is an enormous challenge as soon as everything is contracted in the times provided for in the Constitution and the law,” Atamaint stressed, recalling that a normal electoral process is prepared one year in advance, but now they must do so in ninety days for the first round.

Constitutional Court rejects possible “unconstitutionality” of the measure

The day of this May 18 was also marked by the determination of the Constitutional Court of the country. The agency rejected six unconstitutionality lawsuits filed against the decree.

According to a statement issued by the court, the determination was unanimous. Thus, the ‘cross death’ will continue, which would lead Ecuador to the polls early.

“As a consequence of the decision to reject the unconstitutionality claims, the requests for the Court to adopt precautionary measures in order to provisionally suspend the effects of the contested decree were also rejected,” the document added.

And he specified: “Just as the Constitutional Court does not have the competence to rule on the verification and motivation of the cause of serious political crisis and internal commotion invoked by the president to dissolve the National Assembly based on article 148 of the Constitution, neither no other judicial authority in the country has it”.

To apply the decree, Lasso appealed to a “serious political crisis and internal commotion”, which the opposition has said does not exist and which was the basis of the demands.

The “cross death” appeal, established by decree 741 signed by the president, dissolved the National Assembly and determines that the Electoral Tribunal has a period of seven days to call general elections, which must be held within a maximum period of 90 days.

The ‘cross death’ divides Ecuador

But the president’s decision has divided the country between those who believe that Lasso acted constitutionally and those who believe that he did not. Sectors such as the Army and the Police have been in favor of the president.

Nelson Proaño, commander of the Armed Forces, assured that the decision was enshrined in the Constitution and that both institutions “will maintain their absolute respect” for the Magna Carta.

Another sector that also affirmed that the president acted within the law was the business sector, close to Lasso, who before ruling the country was a banker and businessman. The Business Committee of Ecuador, of which most of the national industrial associations are a part, maintained that the dissolution of the Legislature is viable according to the country’s regulations and called for calm.

However, there are multiple sectors that oppose the measure, such as CONAIE, the most powerful indigenous organization at the national level. Its president, Leonidas Iza, assured that the path taken by Lasso was “dictatorial.”

Iza led a series of protests last year that shook Ecuador and made the administration of the head of state stagger. For the moment, the indigenous organization has not summoned its supporters to the streets again, but, according to Iza, CONAIE called its members to meet to study how the ‘cross death’ decreed in Quito affects this movement.

With Reuters and local media