La indeterminación del plazo de prescripción de las sanciones en el Código Orgánico Administrativo.

Abstract

The purpose of this research is to identify the issues and possible solutions regarding the indeterminacy of the statute of limitations for administrative sanctions established in the Organic Administrative Code (COA), given the existence of legal gaps and normative conflicts that require resolution. The absence of a clear statute of limitations generates legal uncertainty that must be analyzed within Ecuadorian legislation. Individuals subject to administrative sanctions must have certainty about the time limits applicable to prescription, while public authorities must likewise ensure the proper application of such limits in order to avoid arbitrary actions and restrictive interpretations of rights. This study examines the challenges surrounding the prescription of administrative sanctions in the COA, emphasizing how the lack of normative clarity creates legal insecurity. It highlights that the previous legal framework (ERJAFE) failed to establish precise time limits for prescription, which undermined legal certainty. Although the enactment of the COA in 2018 offered lawmakers the opportunity to clarify these provisions, this issue remains unresolved in the current legislation. Prescription is analyzed as a legal mechanism that extinguishes the State’s power to collect debts due to the passage of time. The research underscores the need for legislative reforms to address normative conflicts and prevent restrictive or contradictory interpretations by administrative and judicial bodies. In conclusion, it stresses the urgency of ensuring legal certainty through clear rules that are applied consistently and fairly.