El régimen disciplinario del consejo de la judicatura y su impacto en la independencia judicial.

Abstract

This study analyzes the disciplinary regime of the Council of the Judiciary in Ecuador and its impact on the principle of judicial independence, considering that both are essential elements for the proper functioning of a constitutional State governed by the rule of law and justice. The research examines the origin, functions, and powers of the Council of the Judiciary, highlighting that the 2008 Constitution granted it broad administrative, supervisory, and disciplinary authority over the Judicial Branch with the aim of strengthening institutional efficiency, transparency, and accountability. However, the study demonstrates that the concentration of administrative and disciplinary powers within a single body may create tensions with judicial independence, particularly when sanctions are based on broadly interpreted grounds such as inexcusable error, manifest negligence, or lack of proper reasoning. The application of these grounds without objective criteria may produce a chilling effect on judges, limiting their freedom to decide cases solely in accordance with the Constitution and the law. Furthermore, the research examines judicial independence from both its internal and external dimensions, emphasizing its importance as an institutional guarantee for the protection of fundamental rights, legal certainty, and the balance of powers. Finally, it concludes that the disciplinary regime is legitimate and necessary to ensure the accountability of judicial officers; however, its exercise must be strictly governed by the principles of legality, objectivity, proportionality, and due process. Only through clear limits on disciplinary authority can judicial autonomy be preserved and public confidence in the administration of justice and the democratic rule of law be strengthened.