Proceso de remoción de autoridades de elección popular y el vacío legal en el Código Orgánico de Ordenamiento Territorial, Autonomía y Descentralización.

Abstract

The purpose of this paper is to analyze the legal loopholes in the Código Orgánico de Organización Territorial, Automomía y Descentralización (COOTAD) and their impact at the time of applying the process of removal of popularly elected authorities, as established in articles 335, 336 and 337. Then, we proceeded to analyze the articles that establish the grounds for removal, and then the removal process as such, in order to identify the legal loopholes that could obscure the transparency of the process as such, preventing it from becoming a matter of political contention, which pursues conflicts of interest, and rather could clearly establish each of the guidelines to be followed, avoiding ambiguity or gaps that could not only hinder the process, but could also be used as a platform to destabilize local governments as appropriate. Therefore, the paper concludes with the impact of these gaps and possible solutions that are recommended for a better development of the process.