Ecuador’s Constitutional Court blocks Noboa’s initiatives
The ruling is temporary, pending a final decision on the matter, so Noboa still stands a chance of applying them at a later time
Ecuador’s Constitutional Court has provisionally suspended several articles from three laws championed by President Daniel Noboa: the Organic Intelligence Law, the National Solidarity Law, and the Organic Law on Public Integrity. These norms had faced constitutional challenges from various organizations and opposition groups who argued that they violated fundamental rights.
These new laws were passed on Noboa’s initiative after his re-election this year until 2029, which gave his National Democratic Action (ADN) party control of the National Assembly (Parliament) thanks to a deal with various other forces.
The suspended provisions include articles that would allow intelligence agents to operate under false identities, acquire information from private companies without public procurement regulations, and use surveillance technology, which critics feared could lead to political espionage and persecution of political opponents and journalists, plus an article granting Noboa the power to issue an early pardon to police and military personnel prosecuted for crimes committed during the internal armed conflict he declared against criminal gangs in early 2024, as well as a provision forcing savings and credit cooperatives to convert into private corporations.
Noboa’s definition of an organized armed group as any structured group of three or more people with an organized power structure that exercises prolonged violence against the state, the population, and civilian property has also been put on hold.
The ruling has created tension between the executive and judicial branches. The government and its allies in the National Assembly have criticized the court for leaving us defenseless against criminal gangs, while opposition parties -mainly Correism- and human rights organizations have praised the decision, arguing it upholds the rule of law and prevents potential basic rights violations.
The suspensions are temporary and will remain in effect until the court issues a final ruling on the constitutionality of the challenged articles.
