“NECESIDAD DE ESTABLECER EL CONTROL ABSTRACTO DE CONSTITUCIONALIDAD COMO EL MECANISMO IDÓNEO PARA IMPUGNAR LAS ORDENANZAS EMITIDAS POR LOS CONCEJOS MUNICIPALES”.

The present thesis is entitled: "Necessity of establishing the abstract control of constitutionality as the suitable mechanism to challenge ordinances issued by municipal councils". Its purpose is to deepen the analysis of the legislative and regulatory powers within the scope of their constitutional and legal powers of this level of government, in order to determine the appropriate way to challenge a municipal ordinance, because the legal academic community has failed to establish a consensus regarding the nature of the legislative powers possessed by the Municipal Decentralized Autonomous Governments within the new model of constitutional state of rights and justice that is governed in a decentralized manner. The problem detected has its origin in the provision of the Organic Code of the Judicial Function, where the Judges of the Contentious Administrative and Tax Chamber of the National Court of Justice have the power to exercise the control of legality of municipal ordinances, however, it is not correct to submit all ordinances to the control of legality, because there are two types of municipal ordinances, first: those that regulate constitutional or exclusive competences; and second: those that develop residual and additional competences; based on this distinction it is not coherent that an ordinance that regulates a competence of constitutional origin and protected by the principle of competence has to be challenged in the way of legality; facing this problem it was essential to understand the true scope of municipal ordinances based on the principle of competence in order to identify the appropriate way based on this assumption. 5 It is worth clarifying the fact that the legal system guarantees two ways of challenging a normative act, the action of unconstitutionality before the Constitutional Court; and the control of legality before the Judges of the Contentious Administrative Court of the National Court of Justice, however, not knowing the nature of the ordinances when they regulate their competencies has caused legal insecurity for citizens who have challenged a municipal ordinance receiving a negative or erroneous response for having acted in the wrong way. It is necessary to point out that the Constitutional Court has had the opportunity to develop binding jurisprudential precedents with respect to legislative powers in its area of competence but unfortunately it has not done so. Given this legal situation, we resorted to the use of materials and methods to develop it in this research through the application of interviews and surveys, which served as tools to propose a Legal Reform Project to the Organic Code of the Judicial Function and the Organic Code of Territorial Organization, Autonomy and Decentralization.

• Auteur principal: PONTÓN LÓPEZ., NICOLE LIZBETH (author)
• Format: bachelorThesis
• Langue: spa
• Publié: 2021
• Sujets: DERECHO; ORDENANZAS CONCEJOS MUNICIPALES
• Accès en ligne: https://dspace.unl.edu.ec/jspui/handle/123456789/23993