TCE awaits a ruling from the Constitutional Court on the transitory provision of the Internal Democracy Regulation

The electoral organization requests clarification as to whether or not that section of the regulation is constitutional.

The Contentious Electoral Tribunal (TCE) awaits an urgent ruling from the Constitutional Court (CC) regarding the constitutionality or not of the third paragraph of the second transitory provision of the Internal Democracy regulation approved by the National Electoral Council (CNE).

The transitory one was included in the reforms to the regulation, in the period of management of the former president of the CNE, Domingo Paredes, and states:

the «proclamation and acceptance of pre-candidacies of popular nomination is express, non-delegable and very personal, and will be carried out in unity of act within 10 days of the election» before the delegates of the electoral body in Quito if they are national dignities; provincial, in the delegations of the respective jurisdiction, and for the dignity of assembly members abroad, in the consular offices.

The Court decided to request the Court’s ruling, because the regulations were challenged by various political actors such as Vanessa Freire, from Fuerza Compromiso Social (although she withdrew the appeal); Andrés Arauz, candidate for the Presidency of the Republic by the United for Hope (UNES) coalition; and even by the provincial movement Sí Podemos. All agreed that the participation rights of citizens residing abroad are affected.

In its brief, the ECA specified that it is essential that

“Whether the provision is constitutional or not is established, because in the event of violating constitutional principles, guarantees and rights, its application would be inadmissible and threaten not only the rights of citizen participation, those to choose and be elected, but also against of the stages and phases of internal democracy of political organizations, registration of candidacies and challenges ”.

Arauz’s request is under appeal before the TCE. The file was returned to the judge, Joaquín Viteri, to substantiate the appeal. Although, the president of the Court, Arturo Cabrera, decided to suspend the processing of subjective appeals submitted to the regulation until the Constitutional Court rules.