La Potestad Sancionadora del Consejo de Educación Superior atenta a los Principios de: Reserva de Ley, Seguridad Jurídica, Jerarquía Normativa, Unidad Jurisdiccional, Debido Proceso de las Instituciones de Educación Superior

The Board of Higher Education issues the Sanctions Regulation, in which: it typifies infractions and establishes sanctions, grades, weights and correlates infractions and sanctions, applicable to Higher Education Institutions and their highest authorities and to those who have held positions of authority or have integrated the co-government; while the Constitution of the Republic of Ecuador, CRE in number 2 of article 132 establishes chat the National Assembly is the legitimate and appropriate body to typify infractions and establish sanctions in the law; likewise, article 353 of the CRE gives the Higher Education Council the regulatory power of numeral 6 of article 132, empowers the Higher Education Council to issue regulations of a general nature, in regulatory matters of its competence, without altering or innovate legal provisions the same, in accordance with: article 1 the literal p) of article 169, literal c) of article 204, article 211 of the Organic Law Higher Education LOES and article 39 of the General Regulation of the Organic Law of Education Superior establish the normative, regulatory and sanctioning competence of the Higher Education Council CES to issue the sanctions regulation that regulates the procedure to impose them, but in no way has competence to typify infractions and establish sanctions, grade, tie or correlate infractions and sanctions, as regulated by the CES Sanctions Regulation and its amendments, contravening the principles of constitutional principles of constitutional supremacy of the law, reservation of law, legal security, legality, due process, right to freedom and effective judicial protection, university autonomy; imposing a disciplinary regime that was adapted consecutively from the issuance of the regulation on March 5 21, 2012 through Resolution No. RPC-SO-10-N ° 041-2012, in the later they are amended by Resolutions: No. RPC- SO-05-N ° 070-2014 of February 5, 2014, No. RPC-SO-21-N ° 244-2015 issued on May 27, 2015, No. RPC-SO-30-N ° 390-2015, issued on August 26, 2015 No. RPC-SO-34-N ° 687-2016 issued on September 21, 2016, to comply with the political interests of those who exercised control of the Higher Education System of Ecuador and to pursue those who opposed the interests of a partisan sector of the current government and the intervention processes whose main objective was to suspend the functions of the rectors and vice-rectors and modify the electoral academic base to capture the government of the HEIs, violating the Ecuadorian legal system and particularly university autonomy.

• Main Author: Villacis Granda, Carlos Alfredo (author)
• Format: bachelorThesis
• Language: spa
• Published: 2018
• Subjects: DERECHO; EDUCACIÓN SUPERIOR; RESERVA DE LEY; SEGURIDAD JURÍDICA
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/20834