The Humanitarian Support Law, Executive Decree 1053, and Ministerial Agreement 179 of the Ministry of Defense are the most questioned.
Despite the fact that the decrees, the ministerial agreements and the laws follow a process to enter into force, there is one last step that must be followed for their full application.
The subsequent control of constitutionality is the power of the Constitutional Court. The request can be made by any citizen or organization that considers that with some rule their rights are being violated or violating the Ecuadorian legal framework.
During the health emergency, the Constitutional Court has received 22 lawsuits for eight norms with supposed unconstitutionality. On that list are:
The Humanitarian Support Law
The Productive Development Law
Decree 1053 related to the reduction of the working day with a limit of not less than thirty hours per week
Executive Decree 1021 which states that financial institutions and mobile phone companies must make a monthly withholding of 1.75% on their total income
Decree 1036 regarding the merger of control agencies
Executive Decree 1057 that mentions the extinction of the Ecuadorian Railway Company
Ministerial Agreement 179 of the Ministry of Defense that speaks of the Regulation of progressive, rational and differentiated use of force by members of the Armed Forces.
The resolution of the Ministry of Labor that the coronavirus does not constitute an accident at work or an occupational disease.
Of the 22 unconstitutional actions filed during the emergency, three regulations account for 73% of the demands and are: The Humanitarian Support Law, Executive Decree 1053, and Ministerial Agreement 179 of the Ministry of Defense.
In just over a year in office, the Constitutional Court, elected by the Participation Council that was chaired by Julio César Trujillo, has already opposed other government decisions or regulations related to the emergency.
The most recent case was the budget cut to public and co-financed universities.
Also, the entity asked the Government for explanations about its actions in the health crisis.
Source: Primicias, social networks
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