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Decree N. 741 “Dissolution of Assembly”
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Decree N. 741 “Dissolution of Assembly”

By 18 de May de 2023No Comments

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What is it about? President Lasso, by Executive Decree 741, dissolved the Assembly (Legislature) and requested the call for elections to renew the Executive and Legislature for the remainder of the respective periods (i.e., until May 2025).
What are the legal basis?

 

 

 The Dissolution of the Assembly and early elections (aka Muerte cruzada) is provided for by art. 148 of the 2008 Constitution, which allows the President of Ecuador to dismiss the Assembly, remain temporarily in office and call for early elections. The foregoing, in accordance with art. 50 of Ley Orgánica de la Función Legislativa (Legislative Act), as well as interpretation by the Constitutional Court No. 002-10-SIC-CC of September 9th, 2010.
How does it work? The members of the National Assembly were terminated effective immediately upon the enactment of Decree 741, but are eligible to run for re-election; the President remains in office and may issue economic emergency executive decrees, controlled by the Constitutional Court, which may be repealed by the new Assembly. In fact, the President has already enacted Decree No. 742 with the tax reform he had announced and proposed to increase deductible expenses and benefit certain activities.  The laws thus enacted will be effective immediately, once the constitutional review has been passed.  The President may also be a candidate in these early elections.
Is anything else required?

 

 Nothing.  The President may dismiss the Assembly for three causes pursuant to the Constitution and in this case, of “serious political crisis and internal disturbance”, according to it and to articles 144 subsection 6 and 151 of Ley Orgánica de Garantías Jurisdiccionales y Control Constitucional (Jurisdictional Guarantees and Constitutional Scrutiny Act), the prior favorable opinion of the Constitutional Court is not necessary.
What is the timetable?

 
  1. Call for early presidential and legislative elections: within seven days at the latest the National Electoral Council (“CNE”) shall call early elections to elect the President and Assembly members.
  2. Elections: the elections must be held within 90 days thereafter (first ballot). The CNE announced a tentative date of –August 20, 2023-.
  3. Results announcement: CNE will announce the results within a maximum of 7 days of the first ballot – no later than August 27th, 2023-.
  4. Presidential run-off election: if no presidential candidate obtains more than 50% of the votes or more than 40% with a difference of at least 10%, a run-off election will be held between the two most voted candidates, within the following 45 days from the announcement of results. The CNE proposed as a tentative date – October 15, 2023-.
  5. Run-off results: the CNE will count the votes and make a proclamation of the results no later than 7 days after the run-off -no later than October 22, 2023-.
  6. Swearing-in: Posesión: Within 15 days of official announcement of results (first round or, if necessary, of run-off election) the elected authorities will take office for the remainder of the current term (that is until May 2025) -not later than November 6, 2023-.
Contested? Yes, two legal challenges have been reportedly filed before the Constitutional Court, alleging lack of internal disturbance (conmoción) as required in the motivation invoked by the President.

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