After the text of the new Ecuadorian Constitution was agreed in September 2008, the National Constituent Assembly’s Legislative and Inspection Commission was tasked with preparing bills for a national electoral code.
Their first priority was to develop a bill covering electoral law which - the new Constitution prescribed - needed to be passed within 180 days of the Constitution being adopted. International IDEA (under the auspices of Ágora Democrática) was engaged by the Policy Coordination Ministry to assist with this task by providing technical support.
International IDEA formed an advisory team consisting of experts in electoral systems, an Ecuadorian jurist and a legal assistant. The advisory team moved quickly to formulate a preliminary proposal for a suitable electoral law drawing on Ecuadorian and regional legal precedents. Wide consultations were held with relevant arms of government and the National Electoral Council and Electoral Litigation Tribunal. A draft proposal was then submitted to political parties, academics and civil society for further comment.
At the conclusion of this process – and after considerable input from the National Electoral Tribunal - the National Electoral Council presented a bill to the Legislative and Inspection Commission (acting Legislative branch of government until the election of the new National Assembly in April 2009), for debate and approval.
While this process was in train, the Policy Coordination Ministry invited Ágora Democrática to draft a proposal for a suitable political parties law that would be consistent with the proposed Electoral Law.
Both pieces of legislation would form a single package known as “The Code of Democracy” (which would also include regulations related to electoral expenditure).
The proposal governing political parties has since been scrutinized by the National Electoral Tribunal, the Electoral Litigation Court, political actors, NGOs, academics and others. The draft bill (which incorporates 90% of the proposal of Agora Democrática’s advisory team) was agreed to by the Commission for State Reform in the Legislative and Inspection Commission.
Both laws were approved on 12 February 2009 and formed the “Code of Democracy”. The code will govern the electoral system and the political parties in Ecuador and it will become effective after the current electoral process is over.
