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ECUADOR
Asamblea Nacional (National Assembly)

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Modules:
GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Asamblea Nacional / National Assembly
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Structure of parliament Unicameral
Affiliation to the IPU Yes
Affiliation date(s) 1931 - 1933
1979 -
LEADERSHIP
President José Serrano (M) 
Notes Elected on 14 May 2017.
Secretary General Libia Rivas Ordóñez (F) 
Notes Elected on 23 January 2013, re-elected on 14 May 2013, 14 May 2015 and 14 May 2017.
COMPOSITION
Members (statutory / current number) 137 / 137
PERCENTAGE OF WOMEN


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Women (current number) 52 (37.96%)
Mode of designation directly elected 137
Term 4 years
Last renewal dates 19 February 2017
(View details)
CONTACT INFORMATION
Address Asamblea Nacional
Av. 6 de Diciembre y Piedrahita
Quito,
Pichincha
Ecuador
(Export mailing lists)
Phone (593) 2 399 13 98
2 399 11 52 (International Relations)
9 995 93513 (International Relations)
Fax (593 22) 22 23 96
E-mail secretaria@asambleanacional.gob.ec
Website
http://www.asambleanacional.gob.ec/

ELECTORAL SYSTEM

Parliament name (generic / translated) Asamblea Nacional / National Assembly
Structure of parliament Unicameral
LEGAL FRAMEWORK
Electoral law 27 February 1998
Last updated on 6 February 2012
Mode of designation directly elected 137
Constituencies - 116 single-member constituencies
- one nation-wide constituency (for 15 seats)
- 3 multi-member constituencies (two seats each) for members representing Ecuadorians abroad
Voting system Mixed: First-past-the-post system for 116 members.
Proportional representation system for 15 members.
In addition, six members representing Ecuadorians living abroad are elected under the majority system using multi-member constituencies.
Voting is compulsory for Ecuadorians between 18 and 65 years old. Those who do not turn out to vote may be stripped of their civil rights. Voting is optional for illiterates and those who are between 16 and 18 years old or over 65.
Voter requirements - Ecuadorian citizenship or, for foreign nationals, legal residence in Ecuador for at least five years
- Age: 16 or over
Disqualifications: insanity, conviction for fraud in the public sector or in connection with elections, drunkards, vagabonds and defrauders, tax evader
CANDIDATES
Eligibility - qualified electors
- age: 18 years
- Ecuadorian citizenship by birth
- full possession of civil rights
Incompatibilities - membership of armed or police forces on active duty
- government contractor
- membership of clergy
- legal representative of a foreign company
Candidacy requirements - legally recognised political parties may nominate their candidates
- independent candidates can also submit their candidature (support of 1.5% of the electorate of the constituency concerned is required)

LAST ELECTIONS

Parliament name (generic / translated) Asamblea Nacional / National Assembly
Structure of parliament Unicameral
BACKGROUND
Dates of election / renewal (from/to) 19 February 2017
Timing and scope of renewal The ruling Alianza Pais coalition (AP) retained the majority but its share of seats fell from 100 to 74 in the 137-member National Assembly. The AP comprises outgoing President Rafael Correa's Movement for a Proud and Sovereign Fatherland (PAIS) and its allies. The Creating Opportunities Movement (CREO), which formed an alliance with the Society United for More Action (SUMA), tripled their combined share of seats to 34. The elections saw a high turnover: only 31 members of the outgoing legislature were returned to parliament. During the election campaign, the major parties focused on policies related to health care, education, job creation, social security, tourism and tax reforms.

No candidate was elected in the first round of the presidential elections, which were held in parallel with the parliamentary polls (see note 1). In the run-off elections on 2 April between former vice president, Mr. Lenín Moreno (PAIS), and former economy minister, Mr. Guillermo Lasso (CREO), Mr. Moreno was elected with 51.16% of the vote. He will succeed Mr. Correa, who has been in power since 2007 (see note 2).

Note 1:
To avoid a runoff election, presidential candidates need to obtain 40 percent of the vote and hold at least a 10 percent advantage over the nearest rival.

Note 2:
In December 2015, the National Assembly approved a constitutional amendment allowing the president and other officials to be re-elected for an indefinite number of terms. However, the amendment only comes into force in 2021. Thus, Mr. Correa could not seek a new term in 2017.
Date of previous elections: 17 February 2013

Date of dissolution of the outgoing legislature: 14 May 2017

Timing of election: Upon normal expiry

Expected date of next elections: February 2021

Number of seats at stake: 137 (full renewal)

Number of candidates: 450

Percentage of women candidates: Not available.

Number of parties contesting the election: 70

Number of parties winning seats: 11*
*including two coalitions

Alternation of power: No

Number of parties in government: 1 coalition

Names of parties in government: Alianza Pais (AP)

Date of the first session of the new parliament: 14 May 2017
*In accordance with article 123 of the Constitution
STATISTICS
Voter turnout
Round no 119 February 2017
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes



Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Alianza Pais (AP)
Creating Opportunities (CREO) - Society United for More Action (SUMA)
Social Christian Party (PSC)
Creating Opportunities Movement (CREO)
Pachakutik
Local Movement
Democratic Left (ID)
Society United for More Action (SUMA)
Party of the Patriotic Society (PSP)
Pachakutik - Democratic Left (ID)
Fuerza Ecuador (FE)
Distribution of seats
Round no 1
Political Group Total of seats
Alianza Pais (AP) 74
Creating Opportunities (CREO) - Society United for More Action (SUMA) 28
Social Christian Party (PSC) 15
Creating Opportunities Movement (CREO) 4
Pachakutik 4
Local Movement 3
Democratic Left (ID) 3
Society United for More Action (SUMA) 2
Party of the Patriotic Society (PSP) 2
Pachakutik - Democratic Left (ID) 1
Fuerza Ecuador (FE) 1
Distribution of seats according to sex
Men

Women

Percent of women
85

52

37.96%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
National Assembly (08.03.2017, 09.03.2017)
https://resultados2017.cne.gob.ec/frmResultados.aspx
http://www.eleccionesenecuador.com/
http://informacionecuador.com/
https://www.washingtonpost.com

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name (generic / translated) Asamblea Nacional / National Assembly
Structure of parliament Unicameral
APPOINTMENT AND TERM OF OFFICE
Title President of the National Assembly
Term - duration: 2 years (the President is eligible for re-election)
- reasons of interruption of the term: resignation, recall at the request of two-thirds of the Members of Assembly, death, dissolution of Assembly
Appointment - elected by all Members of Assembly

Eligibility - any Member may be a candidate, but candidatures are usually presented by the leaders of parliamentary groups
Voting system - formal vote by public ballot
- an absolute majority of the Members is required
- if no candidate obtains an absolute majority in the first round, a second round is held between the two candidates who received the most votes
Procedures / results - a Member designated by the Chamber prior to the vote presides over the Assembly during the voting
- the tellers supervise the voting
- the Director of the Preparatory Junta or the outgoing President announces the results without delay
- the results cannot be challenged
STATUS
Status - ranks third in the hierarchy of the State
- represents the Assembly in international bodies
- in the absence of the President, the Vice-President can assume his/her role and functions

Board - the Committee of the Board is regulated by the Standing Orders
- it consists of the President, the Vice-President and five Members, all of whom serve a one-year term
- it meets whenever necessary
- it assists and advises the President
Material facilities - allowance
- remuneration for representational duties
- official car
- secretariat
- military protection
FUNCTIONS
Organization of parliamentary business - convenes sessions
- establishes and modifies the agenda
- organizes the debates and sets speaking time
- examines the admissibility of bills and amendments
- refers texts to a committee for study through the intermediary of the secretariat
- examines the admissibility of requests for setting up committees and/or committees of enquiry, proposes or decides on the setting-up of such committees
Chairing of public sittings - can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities

- authenticates the texts adopted and the records of debates with the Secretary General
Special powers - the Committee of the Board establishes the budget, then submits it to the President
- recruits, assigns and promotes staff with the Committee of the Board
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call in the police in the event of disturbance in the Assembly
Speaking and voting rights, other functions - takes part in voting
- proposes bills or amendments
- intervenes in the parliamentary oversight procedure

PARLIAMENTARY MANDATE

Parliament name (generic / translated) Asamblea Nacional / National Assembly
Structure of parliament Unicameral
NATURE
Nature of the mandate · Free representation (Art. 135 of the Constitution of 10.08.1998, Art. 58 of the Organic Law on the Legislative Office)
Start of the mandate · On 1 August of the year when elections take place (constituent sitting) (Art. 4 of the Organic Law on the Legislative Office, Rule 4 of the Rules of Procedure)
Validation of mandates · Validation by the National Congress only in case of challenge (Rule 30 of the Rules of Procedure)
· Procedure (Rule 30 of the Rules of Procedure)
End of the mandate · On the day when the legal term of the House ends, that is on 30 July of the year when elections take place, with the installation of the Preparatory Board for the next legislature (Art. 4 and 9 (2) of the Organic Law on the Legislative Office, Rules 4 and 6 (2) of the Rules of Procedure)
Can MPs resign? Yes
Can MPs lose their mandate ? Yes (a) Revocation before expiry of mandate by the electors (Art. 26, 109 to 113, and 135 (1) of the Constitution)
(b) Definitive exclusion from Parliament by the latter: disqualification (Art. 67 of the Organic Law on the Legislative Office in connection with Art. 127 and 135 (2) to (4) of the Constitution, Art. 58, and 68 to 69 of the Organic Law on the Legislative Office, and Rule 32 of the Rules of Procedure)
(c) Loss of mandate by judicial decision (Art. 66 of the Organic Law on the Legislative Office): final court decision, after the waiver of immunity, providing for detention
STATUS OF MEMBERS
Rank in hierarchy Within Parliament:
1. The President
2. The Vice-President
3. The other membres of the Board
Indemnities, facilities and services · Diplomatic passport
· Sitting Allowance: US$ 400 per 10 days
· No exemption from tax
· No special pension scheme
· Other facilities:
(a) Assistants (see also Art. 22 to 29 of the Organic Law on the Legislative Office, and Rules 21 to 24 of the Rules of Procedure): 8 officers for each deputy (consultants, secretaries, assistants, driver, etc.)
(b) Postal and telephone services
(c) Travel and transport
(d) Others
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 137 (1) of the Constitution, Art. 62 and 63 of the Organic Law on the Legislative Office, Rule 154 of the Rules of Procedure).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: offence or insult (Art. 17, No. 9 of the Organic Law on the Legislative Office, Rule 56 of the Rules of Procedure, see Discipline)
· Non-accountability takes effect on the day when the mandate begins.
Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 137 (2) of the Constitution, Art. 62 of the Organic Law on the Legislative Office, Rule 154 of the Rules of Procedure).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, and from the opening of judicial proceedings against them.
· Derogations: in cases of flagrante delicto, the MPs can be arrested (Art. 137 (2) of the Constitution, Art. 62, 64, and 65 of the Organic Law on the Legislative Office, Rules 155 and 157 of the Rules of Procedure).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and does not cover judicial proceedings instituted against MPs before their election (Art. 137 (3) of the Constitution).
· Parliamentary immunity (inviolability) can be lifted (Art. 137 (2) of the Constitution):
- Competent authority: the National Congress
- Procedure (Art. 137 (2) of the Constitution, Rules 155 and 157 of the Rules of Procedure). In this case, MPs must be heard. They do not have means of appeal.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament (see also Art. 66 of the Organic Law on the Legislative Office).
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Instituto Centro Americano de Capacitación Empresarial, the Instituto de Altos Estudios Nacionales and some parties.
· Handbooks of parliamentary procedure:
- Ley Orgánica de la Función Legislativa
- Reglamento Interno del Congreso
- Reglamento de las Comisiones Legislativas
Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings of the National Congress and of the Legislative Commissions of which they are members, as well as at committee meetings and other meetings. For leave of absence, see Art. 17, No. 15 of the Organic Law on the Legislative Office and Rules 15, No. 11 and 32 (2) of the Rules of Procedure.
· Penalties foreseen in case of failure to fulfil this obligation:
- Loss of sitting allowance
- Temporary replacement (Rules 32 (2) and 33 of the Rules of Procedure)
. Competent body to judge such cases / to impose penalties: the National Congress

Discipline · The rules governing discipline within Parliament are contained in Art. 17, No. 8 and 9 of the Organic Law on the Legislative Office, and Rules 15, No. 8 and 18, and 56 of the Rules of Procedure.
· Disciplinary measures foreseen:
- Call to order (Rules 15, No. 18 and 56 of the Rules of Procedure)
- Warning for irrelevance (Art. 17, No. 9 of the Organic Law on the Legislative Office, and Rules 15, No. 18 and 56 of the Rules of Procedure)
- Withdrawal of the floor (Art. 17, No. 9 of the Organic Law on the Legislative Office)
· Specific cases:
- Offence or insult (Art. 17, No. 9 of the Organic Law on the Legislative Office, Rule 56 of the Rules of Procedure): call to order, withdrawal of the floor
· Competent body to judge such cases/to impose penalties (Art. 17, No. 8 of the Organic Law on the Legislative Office, Rules 15, No. 8 of the Rules of Procedure): the President, on his own instigation or at the request of any deputy
· Procedure (Art. 17, No. 9 of the Organic Law on the Legislative Office, Rule 56 of the Rules of Procedure)
Code (rules) of conduct · This concept does not yet exist in the country's juridical system but a bill has been submitted to the National Congress (see also Art. 131, 136 of the Constitution, and Art. 21 of the Transitional Provisions thereto). See also Art. 26, 109 to 113, 135 (1), and 136 of the Constitution, and Art. 67 of the Organic Law on the Legislative Office in connection with Art. 135 (2) to (4) of the Constitution, Art. 58, 68, No. 2, and 69 of the Organic Law on the Legislative Office, and Rules 32 and 158 of the Rules of Procedure.
· Penalties foreseen for violation of the rules of conduct:
- Suspension (Rule 58 of the Rules of Procedure; violation of the secret)
- Loss of mandate (Art. 26, 109 to 113, and 135 (1) of the Constitution; revocation before expiry of mandate by the electors)
- Loss of mandate (Art. 67 of the Organic Law on the Legislative Office in connection with Art. 135 (2) to (4) of the Constitution, Art. 58, 68, No. 2, and 69 of the Organic Law on the Legislative Office, and Rule 32 of the Rules of Procedure; incompatibilities)
- Loss of mandate and other sanctions (Art. 136 of the Constitution; violation of the Code of Ethics)
· Competent body to judge such cases/to impose penalties:
- Suspension, loss of mandate (incompatibilities), loss of mandate and other sanctions (violation of the Code of Ethics): the National Congress
- Loss of mandate (revocation before expiry of mandate by the electors): the electors
· Procedure:
- Suspension (Rule 58 of the Rules of Procedure)
- Loss of mandate (Art. 26, 109 to 113, and 135 (1) of the Constitution; revocation before expiry of mandate by the electors). In this case, MPs have (no) means of recourse.
- Loss of mandate (Art. 67 of the Organic Law on the Legislative Office in connection with Art. 135 (2) to (4) of the Constitution, Art. 58, 68, No. 2, and 69 of the Organic Law on the Legislative Office, and Rule 32 of the Rules of Procedure; incompatibilities).
- Loss of mandate and other sanctions (Art. 136 of the Constitution, violation of the Code of Ethics).
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 15 May 2017
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