Legal System of Ecuador

Ecuador is located in South America. It is geographically situated in western south america, bordering the pacific ocean at the equator, between colombia and peru. The country achieved independence on 24 may 1822 (from spain). The capital is Quito.

Government Overview

Government Type: presidential republic Chief of State: President Daniel NOBOA Azin (since 23 November 2023) Head of Government: President Daniel NOBOA Azin (since 23 November 2023) Cabinet: Cabinet appointed by the president Administrative Divisions: 24 provinces (provincias, singular - provincia); Azuay, Bolivar, Cañar, Carchi, Chimborazo, Cotopaxi, El Oro, Esmeraldas, Galapagos, Guayas, Imbabura, Loja, Los Rios, Manabí, Morona Santiago, Napo, Orellana, Pastaza, Pichincha, Santa Elena, Santo Domingo de los Tsachilas, Sucumbios, Tungurahua, Zamora Chinchipe National Holiday: Independence Day (independence of Quito), 10 August (1809) Suffrage: 18-65 years of age; universal and compulsory; voluntary for 16-18, over 65, and other eligible voters

Legal System

The legal system of Ecuador is described as civil law based on the Chilean civil code with modifications; traditional law in ethnic communities International Law: has not submitted an ICJ jurisdiction declaration; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: many previous; latest approved 20 October 2008 Amendment Process: proposed by the president of the republic through a referendum, by public petition of at least 1% of registered voters, or by agreement of at least one-third membership of the National Assembly; passage requires two separate readings a year apart and approval by at least two-thirds majority vote of the Assembly, and approval by absolute majority in a referendum; amendments such as changes to the structure of the state, constraints on personal rights and guarantees, or constitutional amendment procedures are not allowed

Judicial Branch

Highest Court(s): National Court of Justice or Corte Nacional de Justicia (consists of 21 judges, including the chief justice and organized into 5 specialized chambers); Constitutional Court or Corte Constitucional (consists of the court president and 8 judges) Judge Selection: candidates for the National Court of Justice evaluated and appointed justices by the Judicial Council, a 9-member independent body of law professionals; justices elected for 9-year, non-renewable terms, with one third of the membership renewed every 3 years; candidates for the Constitutional Court evaluated and appointed judges by a 6-member independent body of law professionals; judges appointed for 4-year renewable terms Subordinate Courts: provincial courts (one for each province except Galapagos); fiscal, criminal, and administrative tribunals; Election Dispute Settlement Courts; cantonal courts

Legislative Branch

The legislative structure consists of unicameral Note: note 1: all Assembly members have alternates from the same party who cast votes when a primary member is absent, resigns, or is removed from office

note 2: on 18 May 2023, Ecuador’s National Electoral Council announced that the legislative and presidential elections - originally scheduled for February 2025 - would be held on 20 August 2023 after President Guillermo LASSO dissolved the National Assembly by decree on 17 May 2023; a return to a regular election cycle will occur in February 2025

Citizenship and Suffrage

Citizenship by Birth: yes Citizenship by Descent: yes Suffrage: 18-65 years of age; universal and compulsory; voluntary for 16-18, over 65, and other eligible voters

Historical Background

What is now Ecuador formed part of the northern Inca Empire until the Spanish conquest in 1533. Quito – the traditional name for the area – became a seat of Spanish colonial government in 1563 and part of the Viceroyalty of New Granada in 1717. The territories of the Viceroyalty – New Granada (Colombia), Venezuela, and Quito – gained their independence between 1819 and 1822 and formed a federation known as Gran Colombia.

This article provides a summary of the legal system and governmental structure of Ecuador based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.