La jurisdicción contencioso administrativa ecuatoriana : deficiencias de la tutela cautelar en el COGEP.

Abstract

In Ecuador, the system of precautionary measures in administrative litigation exhibits notable limitations. Unlike more open models, such as that of Spain, which contemplates a numerus apertus of unnamed measures at various procedural stages, the Ecuadorian system focused on the classic suspension of the administrative act. This closed approach becomes problematic when facing situations of administrative inactivity, where the absence of a specific act complicates the application of precautionary measures. It also poses a challenge when active involvement by the administration is required to ensure effective judicial protection during the process, or when it is necessary to prevent the material execution of a measure by the Administration. Given this scenario, it is crucial to propose reforms that allow for greater flexibility and adaptability of the precautionary measures system to the legal and administrative reality of the country.