Recent Constitutional Amendments 

December, 2015 - Josemaria Bustamante, Alejandro Pérez Arellano

The current Constitution of Ecuador was enacted in 2008. In the past seven years it had few changes. The last one was introduced by a resolution of the National Assembly (Congress), which was issued on December 21th 2015. This last amendments are: Reelection of popular election authorities (elected by voting).- The amendments allows to the current authorities to run as candidates to be re-elected indefinitely. Minimum age to become President.- It was reduced the age to become president of the State from 35 to 30 years. Popular consultation.- It was limited the use of the legal mechanism of Popular Consultation to decentralized and autonomous governments ”GAD’s” (municipalities and provincial councils), for themes related with their sphere in their territory. Functions of the Army.- It allows that the army can give complementary assistance to the police for the security of the State. Functions of the Comptroller General of the State.- It was eliminated the function for management audit of the public entities. Since this amendment, it will only audit the use of public resources. Office of the Ombudsman.- It changed the structure of the Office of the Ombudsman, allowing that it can organize according to the judicial territorial division, which is determined by the Judicial Council. Public employees.- Since the amendment, all of the workers that were covered by the Labour Code will now be covered by the Organic Law of Public Service. Competences of the GAD´s.- The competences regarding planning, construction and maintenance of the infrastructure of education, health and housing, are limited and can be executed only by the previous authorization of the governing body of public policy. Communication as a public service.- Since the amendment the communication is now considered as a public service and not as a right. Social Security.- It was established that the State must guarantee the retirement pension of the members of the Police and Military.



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