Effectiveness of multicomponent judges in Ecuador?
June 17, 2024

Author: Abg. Cristian Manosalvas

More information:

Cristian.Manosalvas@fexlaw.com

 

It hasn’t happened to how many lawyers that, when we litigate outside the big cities of the country, we find ourselves in so-called “multi-competent” judicial offices where they deal with various matters such as: criminal, civil, labor, family, among others. We must remember what our Constitution establishes in its Art. 1, in which it rules that Ecuador is a Constitutional State of Rights and Justice and, consequently, the Judicial Function must adapt its role to the principle of specialty established in Art. 11 of the COFJ, in harmony with the principle of effective judicial protection framed in Art. 169 of the Magna Carta, in accordance with the principle of administration of justice. Having said the above, the principle of specialty is flagrantly violated with the adaptation of a multi-competent system, where the principle of equality that must be guaranteed when users access a justice system and not having specialized judges for each subject may also be affected. have adequate administration of justice. Going a little further, without a doubt we find ourselves in a legal antinomy that opposes the constitutional provisions detailed above, and the Council of the Judiciary, by creating these multi-competent judicial units, has forced a judge to know various branches of law that can become judicial processes with possible annulments, and resulting in double work for the judicial function itself, lawyers, procedural parties, without taking into account the time and financial resources that all those involved in the process have in it.

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