Constitutional supremacy and control of community law.
Introduction
The Ecuadorian State has sought integration in response to better face globalization the peaceful coexistence, and cooperation between states, in Ecuador the Constitutional Court exercises automatic and binding legal control of the treaties constituted in integration processes prior to its approvalIn the National Assembly, integration processes are state supra organizations, recognized in Vienna Agreement, which direct international relations, originate legal effects, analyze the execution of the constitutionality control of community law in Ecuador.
Developing
Ecuadorian constitutional supremacy in the context of integration processes
Constitutional supremacy places the constitution of a country above any legal system which cannot be modified from abroad, so that by being part in an integration process, it must adapt its internal legislation to its international obligations, when a StateThe norms of community law are related in an integration process, they are at the base of the internal law of each State, these integrations are characterized by the effectiveness of the internal law, they are observers in the provisions that regulate the behaviors of all states tointernational level.
Types of processes of the processes of the constituent constitutive Supra State Integration in Ecuador: The Ecuadorian Constitution has two types of control of the international treaties constituting state supra integration processes: political control and legal control, when we analyze political control, protected byThe art policy code. 161 of the international treaties held by the President of the Republic, who talk about the indicated elements, and must be approved by the National Assembly, they order the prior resolution of constitutionality by the Constitutional Court.
This legal-constitutional control is considered in modern constitutionalism and the fundamental parameter of direction of government mechanics within its competence and in its links with other governments. The time of the Constitutions have been modified according to the historical needs of a government or State, with the presence of social sectors marginalized by law, due to the pressure of the different elites of power, with the imposition that give limits to themisuse of power, which this entails a demand for a new recognition of law and constitutional guarantees, to dignify and respect human rights.
Under these ideologies constitutional letters have been updating their content for the well -being of the country and its citizens, this is with the help of several mechanisms and one of the most fundamental is jurisdictional control. In Ecuador these constitutional changes occurred in the year of 1998 and in 2008. The Ecuadorian Constitutional Court and its competence for the control of community law. : The Ecuadorian Constitution in its text supports integration, especially Andean and Latin American.
The Constitution provides that the general mode the international mechanisms enjoy a rank greater than that of the laws, that is, the possibility that the internal statute is adjusted to the resolutions contained in the international instrument is left open, which implies in a certain way thatThe Constitution loses its vigor by not being able to guarantee its effectiveness.
Democracy as the axis of integration processes: integration processes have demonstrated an alarming liberal deficit, despite the fact that most states recognize the notion of democracy as a superior principle of its constitutional type. This principle includes several dimensions that show a progressive extension of its content from its representative, direct, participatory, deliberative character until its interrelation with the perspective of monetary and social democratization that is articulated to the precipitation of equity.
It is necessary its transversalization in the development of the integration processes in order to protect and ensure the materialization of the rights and avoid the inadmissible use of the skills transferred to the members and institutions of the Supra State System.
Conclusions
In conclusion, at the foregoing, the Ecuadorian Constitution has indicated its willing. Well, this competence for integration processes should not seize its constitution, since it contains the conquests achieved by social complexes, regarding the constitutionalization of their rights, a situation that must be guaranteed from different mechanisms.
Ecuador implemented the constitutional control of foundational treaties of state supra organizations, whose execution causes serious criticism for its weak argumentation. The primacy and direct efficacy of community law are the axes of addressing the organs of political and legal control within Ecuador, however, these principles generate tensions;Faced with the supreme character of the Constitution by which, they limit the direct application of the Constitution in the field of explicit competence by the Integration Treaty, they could attempt against constitutional rights and guarantees and among other insecurities.
Constitutional control must be oriented to the Executive Power, since in its work of detailing the foreign policy of the country and constantly in the way it develops in the state supra integration processes. Finally, an urgent demand must be designated to achieve the consolidation of non -ideal permanent democratic process of interrelation between people residing in states and in institutions, community;In order to protect constitutional and human rights.
For this, the rulers must understand that in order to enter the state state of integration, not only those who represent public power but the society as a whole are linked, and it is they who will directly decide the effects and political decisions
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