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Mechanisms for Political Parties’ Control over Electoral Authorities

Mechanisms for Political Parties’ Control over Electoral Authorities. Adrián López A. SENPLADES-FLACSO September 30, 2009. Index. The case of Ecuador Constitutional change Divisions between electoral administration and justice Tools for controlling electoral matters

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Mechanisms for Political Parties’ Control over Electoral Authorities

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  1. Mechanisms for Political Parties’ Control over Electoral Authorities Adrián López A. SENPLADES-FLACSO September 30, 2009

  2. Index • The case of Ecuador • Constitutional change • Divisions between electoral administration and justice • Tools for controlling electoral matters • Conclusions and perspectives

  3. Ecuador case: 3 years, 7 elections Jun. 2009 – Civil Parrish elections Sep. 2008 – Constitutional referendum Apr. 2007 – Popular consultation Oct. 2006 – 1st round Nov. 2006 – 2nd round Apr. 2009 – General elections Sep. 2007 – Constituent Assembly elections

  4. Ecuador case: 1st Round, 2006 (% Votes for Correa)

  5. Ecuador case: 1st Round, 2009 (% Votes for Correa)

  6. Constitutional Change • Trend for constitutional change in Latin America • Redefinition of relationships between actors and changes to the existing power structures • Expansion of “plebiscitary” democracy • Strengthening of electoral authorities • De-institutionalization of traditional political parties

  7. State Structure before 2008

  8. State Structure post-2008 CONSTITUTIONAL STATE OF RIGHTS CONSTITUTIONAL CONTROL / CONSTITUTIONAL COURT TRNASPARENCY AND SOCIAL CONTROL FUNCTION LEGISLATIVE FUNCTION EXECUTIVE FUNCTION JUDICIAL FUNCTION ELECTORAL FUNCTION CITIZEN PARTICIPATION AND SOCIAL CONTROL COUNCIL JUDICIARY COUNCIL NATIONAL ELECTORAL COUNCIL CONTENTIOUS ELECTORAL TRIBUNAL PRESIDENCY NATIONAL ASSEMBLY NATIONAL COURT OF JUSTICE NATIONAL EQUALITY COUNCILS OMBUDSMAN PROVINCIAL COURTS OF JUSTICE ARMED FORCES AND NATIONAL POLICE PUBLIC COMPTROLLER TRIBUNALS SUPERINTENDENCIES PEACE TRIBUNALS AUTONOMOUS ORGANS AUTONOMOUS DECENTRALIZED GOVERNMENTS 1. REGIONAL 2. PROVINCIAL (GALÁPAGOS) 3. CANTON (METROPOLITAN DISTRICTS) 4. PARRISH DISTRICT ATTORNEY PUBLIC DEFENDER AUXILIARY ORGANS DEPOSITARIOS JUDICIALES SERVICIO NOTARIAL MARTILLADORES JUDICIALES ATTORNEY GENERAL

  9. Legal Changes in the Electoral Realm Electoral Law– 2000 Rules and Regulations of the Electoral Law– 2000 Political Parties Law– 2000 Electoral Expenditures and Propaganda Control Law – 2000 Rules and Regulations for the Electoral Expenditures and Propaganda Control Law – 2002 Suffrage Law for Equatorians Living Abroad– 2002 It is necessary to guarantee the judicial and extrajudicial control over the constitutionality of acts and resolutions adopted by the electoral authorities Electoral Law, “Code of Democracy”– 2009

  10. Pre-2008 General Elections Political parties with most votes 7 members in the Electoral Tribunal Divisions between administration and justice in electoral systems Post-2008 “Depolitization” of Electoral Functions 5 advisors Merit-based contest CPCCS 5 electoral judges The 5 advisors and judges are designated for a 6-year term, with substitutes for 2 and 3 advisors every three years, respectively

  11. Constitutional Court Structure and Competencies of the Electoral Function Contentious Electoral Tribunal National Electoral Council Plenary of the TCE Regional, district, provincial and external committees Judges Provincial and District Electoral Delegations Independent Electoral Organisms Intermediary Scrutiny Committees Occasional judicial advocate Vote Reception Committees

  12. Political-Electoral Rights Constitutional Controls and Resources Medios de Control en Materia Electoral • Right to Contest Elections • Appeals • Complaints • Nullity • Revisions • Reconsideration • Clarification or Expansion Natural Persons Legal (entities) Political parties Political movements Political subjects Fiscalization and supervision of electoral authorities Alliances Candidates • Protective Action • Political Trials

  13. Comparative Analysis Political Parties Revision Political Trials Nullity Contestation Reconsideration Electoral Authorities Complaint Candidates Appeal Clarification or Expansion Protective Action Persons

  14. Electoral Justice for Political Parties • As entities within their own judicial sphere, Political Parties can violate the political-electoral rights of citizens by way of several examples: • Unjustified denial of affiliations • Obligatory affiliations • Unjustified unaffiliation • Unjustified refusal to stand or run for office

  15. Electoral Justice for Political Parties • Under the principles of justice and the demand for rights that will protect citizens from helplessness, the internal instances of political parties are not sufficient: «Under the circumstances, no better option has been studied to provide protection for political-electoral rights than the intervention of the State’s jurisdictional agencies – concretely, those which are dedicated to electoral matters – because of their external relationship to political parties, they have the specialization, impartiality and legitimacy that are needed for said task (Terrazas y Delgado, 2003: 3)»

  16. Trials for the Protection of Citizens’ Political-Electoral Rights • The act of violating political-electoral rights is traditionally and uniquelly committed by electoral authorities • As such, there are spaces for protective actions, but if they do not consider political parties as passive subjects • However, should political parties be tried in order to protect citizens’ political-electoral rights? Constitutional Justice Electoral Authorities Political Parties Citizen

  17. Conclusions and Perspectives • The region’s current political processes have strengthened the role and importance of electoral institutionality, forming part of a historical moment that is setting the stage for new opportunities • It is essential that democratic channels for constitutional control over electoral authorities be guaranteed, thereby systematizing, clarifying roles and institutionalizing them • These controls should be extended to cover periods between elections and the relationship between electoral tribunals and the highest instance of constitutional control should be carefully thought through • The role of Political Parties cannot be made invisible. On the contrary, it should be strengthened with the objective of making democracy more participative and of a higher quality • The encouragement of direct democratic mechanisms can marginalize Political Parties and risks the deinstitutionalization of civil society

  18. Thank You alopez@senplades.gov.ec

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