The Filter of the Admission Chamber of the Constitutional Court Affects Due Process

Abstract

The Regulation for Processing Procedures within the Jurisdiction of the Constitutional Court was published in October 2015. It established the Admissions Chamber, which is responsible for submitting a preliminary admission or non-admission proposal. This chamber has the authority to reject a case, request additional information, or clarify aspects of the submission. The cases it handles include actions related to constitutional interpretation, public challenges of unconstitutionality, challenges due to non-compliance, jurisdictional conflicts, omissions in constitutional matters, extraordinary protection actions, constitutional review of amendments, reforms, constitutional changes, popular consultations, and concrete constitutional review cases. Among these, the most frequently used is the extraordinary protection action, which will be the primary focus of this study. Despite more than eight years of this regulation being in effect, there have been numerous complaints. The main objective of this research is to demonstrate how the Constitutional Court's Admissions Chamber, when reviewing and assessing a lawsuit, may affect the due process rights enshrined in the Constitution of the Republic of Ecuador. This study will employ a qualitative and descriptive research method to explore the significance of this preliminary review process. The ultimate goal is to determine whether this process serves as a genuine constitutional procedural control or functions as a barrier to accessing constitutional justice. The research aims to conclude whether the Admissions Chamber genuinely benefits the Ecuadorian public in seeking justice through extraordinary protection actions.