Ecuador

Currently, Ecuador is an active member of the international community. It holds membership in the Organization of American States, the United Nations, the Andean Community, and the World Trade Organization, in addition to other regional and international organizations. Ecuador can litigate before the International Court of Justice and the International Tribunal of the Sea.

### Legal System

Ecuador’s legal system is based on the civil law system, which relies on binding, written laws, not on judicial precedents. Ecuador is currently ruled by the 2008 Constitution, which was adopted after Ecuadorians democratically agreed to rebuild the country’s legal, political, and social structure. The Constitution came into force on October 20, 2008, abrogating the 1998 Constitution. In Ecuador, voting is mandatory for persons between 18 and 65 years old.

Ecuador is a constitutional state that functions under the principles of the respect of fundamental rights and social justice. It is self-defined as a sovereign, unitary, intercultural, and plurinational state. The state’s duties are to foster and protect human rights, strengthen national sovereignty and unity, eradicate poverty, and promote development and a culture of peace, among others.

### Government Structure and Public Functions

Every institution and public officer appointed by law shall not have any other attribution than those previously established by law. There shall be accountability for every action carried out by public officers. Public administration is organized following the principle of decentralization. The essential government structure is divided as follows.

#### The Legislative Branch

The National Assembly, constituted by one single house of representatives, is the main authority of the legislative branch. It has 137 members to date, which are elected for a four-year term, and it is established in Quito. In case of emergency, the National Assembly can meet in any other city within national borders.

To be a member of the National Assembly, the candidate must be Ecuadorian by birth, entitled to fully exercise their political rights, and at least 18 years old. The National Assembly is entitled to draft and approve laws in matters such as the following subjects:

* regulating the exercise of fundamental rights and freedoms
* categorizing felonies and providing for their sanctions
* levying, amending, or eliminating taxes
* establishing competences to the existing bodies of the state
* modifying the political and territorial division of the state

It also has duties such as

* granting amnesty for public crimes and pardons for humanitarian reasons
* authorizing impeachment of the President
* adopting the budget of the state

There are two types of law:

* organic laws—laws that regulate the organization and activities of the main bodies of the government, the exercise of fundamental human rights and freedoms, and the electoral system
* ordinary laws—all laws that do not require a qualified majority by the National Assembly

Organic laws prevail over ordinary laws, and they require an absolute majority of the National Assembly to be approved.

Source: Fuentes, J. A. (2015). *UPDATE: The Basic Structure of the Ecuadorian Legal System and Legal Research - GlobaLex*. https://www.nyulawglobal.org/globalex/Ecuador1.html