The protection action in which he intervened agreed with the judges who had been dismissed in 2019 and who must now be compensated.
The member of the Council of the Judiciary (CJ) Maribel Barreno pointed out this Monday, January 3, 2022 that “There were news” in the expedition of the judgment issued by the Criminal Court of the Provincial Court of Pichincha on Friday, December 30, 2021. He said that the ruling was signed by “a judge that on that date I had a vacation license “ and that, therefore, it acted when its jurisdiction was suspended.
Barreno made reference to the ruling of the court of the Court of Pichincha made up of Fabián Fabara, Miguel Narváez and Diana Fernández with which he agreed to the 26 judges and co-judges removed by the Council of the Judiciary (CJ) in 2019 after failing an evaluation.
According to a personnel action, the judge had requested vacations from December 27 to 31 and requested December 30, by e-mail, your authorization for three hours. Teleamazonas reported that she was authorized by Fabara’s assistant, judge speaker, and thus she was able to be present to carry out 82 hours of resolution in three hours.
The Constitutional Court mentions in its ruling that there is no violation of judicial independence and that the #CJ has the powers to evaluate judges and co-judges. Find out more in the following video of the @PresidentCJ. pic.twitter.com/ybYa21qLas
– Judiciary Council (@CJudicaturaEc) January 6, 2022
David Cordero, lawyer for the dismissed judges, indicated that according to the Organic Law of Jurisdictional Guarantees, a liquidation of repairs that they are aired in the Contentious Administrative Court ”. There is talk of compensation millionaires, although the Provincial Court announced that the calculation must be made based on the salaries and benefits of the law that they have stopped receiving and the fixed periods that each one had in their positions.
The Judicial Council also warned that the ruling of the Criminal Court of the Pichincha Court contradicts the ruling of the Constitutional Court (CC), which has already ruled on this issue.
At a press conference, this Monday, January 3, 2022, the CJ authorities announced that they will present an appeal for expansion and clarification and an extraordinary action for protection against the ruling of the Provincial Court, since its content goes against the ruling of the CC (Sentence 37-19-IN / 21).
The President María del Carmen Maldonado; the members Maribel Barreno, Juan José Morillo, Fausto Murillo Fierro; and the Director General, Santiago Peñaherrera Navas, emphasized that the Constitutional Court recognized the faculty of the CJ to evaluate the judges and co-judges of the CNJ. They explained that the 2019 evaluation process was a “citizen cry” after the mandate of the February 4, 2018 consultation in which it was also “exhorted to carry it out” immediately. (DPV)
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