Oldal 363 [363]
OCR
THE 2018 CONSTITUTIONAL REFERENDUM IN ECUADOR AND THE TRANSITORY COUNCIL OF CITIZEN’S PARTICIPATION AND SOCIAL CONTROL ——o— [OswALDo RUIZ-CHIRIBOGA|' This contribution aims to demonstrate that the 2018 constitutional amendment that created the Transitory Council of Citizen’s Participation and Social Control altered the structure of the Ecuadorian State and therefore it could not have been approved by referendum. I do not advance any theory. Instead, I present and analyze the proceedings that led to the referendum, the actions and omissions of the Transitory Council, and their impact on the separation of powers and the autonomy of the public functions. This is an empirical study based on the Ecuadorian legislation and the regulations and decisions adopted by Ecuadorian institutions. INTRODUCTION The Ecuadorian State is formed by the three traditional branches of government: the executive, the legislature and the judiciary. But by approving the 2008 Constitution, Ecuadorians decided to include two additional branches: the transparency and social control branch and the electoral branch. The separation of powers and the checks and balances would be achieved if the five branches respect their respective roles and powers. The President of the Republic, Lenin Moreno, broke the checks and balances and the separation of powers when he bypassed constitutional amendment proceedings and called for a referendum, by which a transitory ad hoc body was created in 2018. This transitory body was called Consejo de Participacién Ciudadana y Control Social transitorio (Transitory Council of Citizen’s Participation and Social Control, hereinafter “TCCPSC”). The Constitutional Court was not given the opportunity to review whether the referendum questions were constitutional. The referendum questions were presented to the electorate as Moreno drafted them. This contribution aims to demonstrate that the 2018 constitutional amendment that created the TCCPSC altered the structure of the State and therefore it could ' Assistant Professor, Department of Legal Studies, Central European University (CEU) + 361 *
