The Constitutional Court has rejected the full veto of the executive branch in reforming the Education Act. Photo: File / EL Commerce
There were eight votes in favor Constitutional Court of Ecuador (CC) has rejected the executive’s total veto for the supposed reforms to equalize teachers’ salaries. In addition, it provides that reform project Biological law of intercultural education Go back National Assembly.
Opinions are issued Great session This was done on Friday, May 20, 2022. These texts referred to the provisions of two groups which had validity Suspended By The court Judgment No. 32-21-IN / 21 and submitted, which provided opportunities for the Legislature and the President William Lasso Remedy such provisions.
In the first provision, its texts President veto Omission of provisions providing retirement benefits to teachers; And, on the other hand, the objectionable texts have changed Provision On Salary improvementGet out TeacherTheir match reduced them by about 75% Remuneration With Generality From Public servantsThe court said in a statement.
Regarding the first group of provisions, the court found that the presidency of the Republic did not make arguments on their unconstitutionality.
For the second group of provisions, the agency verified that, before its approval and in a reasonably acceptable manner, a financial feasibility analysis was made that assessed its impact on public finances and identified the sources of its financing without a court – by nature, of the forecasts made by the Assembly. Technical accuracy needs to be verified.
According to CC, the president did not give reasons in his veto that distorted the aforesaid provisions, although it was up to him to show the unconstitutionality of what was approved by the legislature, as he centered his argument on the truth. The Ministry of Finance has issued an adverse report, which – as the court has already established in previous judgments – violates the balance that must exist between financial stability and the progressiveness of the right to education, with which teachers are paid equally.
The court further observed that the executive ignored these constitutional obligations and failed to act proactively and proactively in processing the objectionable legal text, which, moreover, contradicts the constitutional requirement of democratic negotiation and coordination among state institutions.
Also, the court noted that in accordance with Article 139 of the Constitution, the rule stipulates that the National Assembly shall issue it and order its publication.