Conflicto de competencias y responsabilidad jurídica por la suspensión de una autoridad electoral.

Abstract

Through this degree work, an analysis of the current legal situation of the Vice President of Ecuador, Veronica Abad, who assumed this position on November 23, 2023 together with President Daniel Noboa, who were elected by Ecuadorians to fulfill this important function, however, in November 2023, Vice President Abad was sanctioned by the Ministry of Labor alleging unjustified abandonment of her duties, for which she was suspended from her functions for 150 days. As a result of this, several legal problems have arisen, one of them is the lack of regulations to sanction elected authorities, since there is none that regulates the sanctions to be applied to political authorities in this case for the alleged unjustified abandonment indicated by the Ministry of Labor. Likewise, another problem is whether the mechanism applied by the Ministry of Labor to suspend the Vice President was the correct one or not, since it must be taken into account that, to suspend her from her work, an administrative summary was used, but this mechanism should only be implemented for public employees and not for elected authorities, thus generating a legal controversy as to which mechanism should have been used and whether it was the appropriate one. Finally, these problems will be analyzed and solutions will be established in order to avoid such scenarios in the future.