By Executive Decree 741 on May 17, 2023, the President of the Republic, Guillermo Lasso Mendoza, ordered the dissolution of the National Assembly, an act which is known as “muerte cruzada” (mutual death).
President Lasso’s reasoning for his decision is that there is a “grave political crisis and internal commotion” and the aim is to resolve this situation democratically, bringing forward elections for a new president and legislative body to serve for the remainder of the respective terms.
The President of the Republic has this power, and it is based on article 148 of the Constitution of the Republic of Ecuador. It is an exclusive power of the President of the Republic, and it does not require a ruling by the Constitutional Court. Additionally, the Constitutional Court does not have the jurisdiction to review or reverse this decision.
The immediate effect of the Executive Decree is the termination of office of assembly members as a matter of law.
Article 148 of the Constitution states that the National Electoral Council (CNE) has a maximum of seven days after the publication of the Decree to call elections for a new president and legislative body to serve for the remainder of the respective terms, that is, until May 2025.
During this period, and until the new National Assembly is installed, the President of the Republic has the constitutional power to issue economically urgent decree laws once the Constitutional Court has issued a favorable opinion. For other matters, the President can issue decrees and regulations for the application of existing laws and for the proper functioning of the central government.
Below is a timeline of key events and deadlines that are expected in this scenario:
|
Event |
Description |
Dates and Deadlines
|
|
Dissolution of the National Assembly |
President issues an Executive Decree. |
May 17, 2023
|
|
Calling of presidential and legislative elections |
The CNE must call elections within 7 days of the Decree being published in the Official Gazette. |
7 days
|
|
Snap elections |
These must be held within 90 days of being called. |
90 days
|
|
Announcement of results |
The CNE must count the votes and announce the results in 7 days.
|
7 days |
|
Runoff election |
If none of the candidates for the Presidency of the Republic have a majority vote of 40% and a 10-point advantage over the candidate with the second-highest votes, the CNE must call a second round of voting to be held within 45 days of the call.
|
45 days
|
|
Announcement of results |
The CNE must count the votes and announce the results in 7 days. |
7 days
|
|
Authorities take office |
The elected authorities must take office within 15 days of the results being announced. |
15 days
|
|
TOTAL TIMEFRAME |
|
160-180 days |
During this period, the remaining functions of the State will continue to operate unchanged. The provision of public services such as education, health, justice, social security, oil production, transport and telecommunications cannot be interrupted; and existing contracts must be performed and respected.
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