Teoría del Estado- Las Funciones del Estado Ecuatoriano

Functions of the State

Introduction

• Beatriz B, a second-semester law student at the Universidad Regional Autónoma de los Andes, introduces the topic of state functions as part of her course on state theory and constitutionalism.

Executive Function

• The executive function is exercised by the President of the Republic, who serves as both head of state and government, responsible for public administration.

• The executive branch includes the presidency, vice presidency, ministries, and other necessary institutions to fulfill national public policy planning and execution.

Requirements for Presidency

• To be eligible for presidency: must be Ecuadorian by birth, at least 35 years old at candidacy registration, in good standing politically, and free from constitutional disqualifications.

Vice Presidency Role

• If the president is temporarily absent or unable to perform duties, the vice president assumes responsibilities but must meet identical eligibility criteria.

Ministerial Responsibilities

• Ministers are appointed by the president to manage their respective ministries; they serve at the discretion of the president.

Presidential Powers and Duties

• The president has specific powers beyond those defined by law as outlined in Article 147 of the Constitution:

• Ensure compliance with laws and treaties within their jurisdiction.

• Present fundamental policies to the National Assembly upon taking office.

• Define public policies for executive functions.

• Propose national development plans to planning councils for approval.

• Direct public administration effectively while issuing necessary decrees.

Legislative Function

• The legislative function involves creating laws and overseeing government actions through mechanisms like political trials against high officials (president, vice president).

Structure of Legislative Body

• The unicameral National Assembly operates with legal personality and economic autonomy based in Quito but can convene elsewhere if needed.

Composition of National Assembly

• Members (asambleístas), elected for four-year terms include:

• Fifteen representatives from national constituencies,

• Two per province,

• One additional member per every 2,000 inhabitants exceeding a population threshold based on census data.

Judicial Function

• The judicial function aims to provide effective justice services that promote social peace and uphold constitutional rights.

Organization of Judicial System

1. Judiciary Council: Governs judicial administration and discipline.

2. National Court: Highest authority managing ordinary justice matters.

3. Provincial Courts: Serve as appellate courts below National Court level.

Overview of Public Interest and Victim Rights

Defensoría Pública

• The public defender's role is to ensure equal access to justice for individuals unable to afford legal representation due to their vulnerable social, economic, or cultural conditions.

Notarial Services

• Notarial services are performed by notaries who act as public officials responsible for upholding public faith in the execution of their duties.

Electoral Function

• The electoral function consists of two main bodies: the National Electoral Council (CNE) and the Electoral Contentious Tribunal (TSE), which oversee election-related matters as per Article 217 of the Constitution.

• CNE is primarily responsible for organizing, directing, and supervising all electoral processes from calling elections to vote counting and result proclamation.

• TSE has jurisdiction over electoral justice, handling disputes against CNE decisions and ensuring transparency in electoral processes.

Challenges in Public Administration

Crisis of Values

• A significant crisis of values affects public administration globally, manifesting through corruption that undermines governance and trust in institutions.

• Corruption distorts economic systems, violates individual rights, and threatens social harmony within communities.

Role of Transparency and Social Control

• Article 204 emphasizes that citizens are both the mandate holders and primary overseers of public power through participatory rights.

• The function of transparency promotes accountability among public entities while encouraging citizen participation to combat corruption effectively.

Importance of Separation of Powers

Mechanisms Against Abuse

• Representatives within transparency functions serve five-year terms with national immunity but are subject to political prosecution by the National Assembly.

• Social control involves monitoring state management practices regarding resource allocation and service quality, aiming for ethical governance.

Constitutional Framework

• The separation of powers into executive, legislative, judicial, electoral, and transparency functions prevents abuse by ensuring mutual oversight among branches.