La intervención de tercerías coadyuvantes en la ejecución de fallos laborales : un análisis del contexto ecuatoriano.

Abstract

The transition from the Code of Civil Procedure to the General Organic Code of Proceedings (COGEP) in Ecuador has had a significant impact on the handling of intervener third parties and effective judicial protection. This study analyses how the normative changes introduced by the COGEP affect the enforceability of judgments in the collection of labour claims through third parties. COGEP introduces new provisions that seek to streamline judicial procedures, but also modify the treatment and role of third party intervener proceedings, a crucial tool for the protection of workers' rights. The paper explores the challenges faced by labour creditors in enforcing their rights and how the courts approach the enforcement of judgments in this new context. Through a comparative analysis of the Code of Civil Procedure and COGEP, it assesses whether the reforms have struck the right balance between procedural efficiency and effective protection of labour rights. The study offers recommendations to improve the implementation of the COGEP and to strengthen effective judicial protection in the area of third parties.