Judicial independence in Ecuador and the challenges facing the control of the Judiciary Council

Abstract

Judicial independence in Ecuador is compromised by the control exercised by the Council of the Judiciary, generating legal insecurity, self-censorship among judges, and effects on judicial impartiality. Using a qualitative approach, with a retrospective design and a descriptive, explanatory and propositional scope, a documentary review of regulations, jurisprudence and doctrine was carried out, in addition to interviews with practicing judges. The results reveal tensions between the principle of judicial independence and the current disciplinary regime, especially in the application of Article 109 of the Organic Code of the Judiciary, which provides ambiguous grounds for sanctions such as inexcusable error or negligence. The study evidences a generalized perception of legal insecurity and self-censorship in the judiciary, and the urgent need for a normative reform that guarantees legal security, impartiality and functional autonomy. It concludes that judicial independence cannot depend solely on constitutional declarations, but requires clear normative guarantees, a solid institutional framework and disciplinary procedures respectful of due process to ensure effective, impartial and reliable justice.