Browsing by Author "Campoverde Guzman, Walter Oswaldo"

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    Las causales de excusa y recusación en el COGEP: una propuesta de reforma basada en el derecho comparado
    (Universidad de Cuenca, 2025-09-05) Campoverde Guzman, Walter Oswaldo; Cabrera Prado, Juan Carlos
    This research addressed the lack of significant reforms in the grounds for excuse and recusal of the Ecuadorian COGEP since 2015, which has generated significant regulatory gaps and a gap. The main objective was to propose a legislative reform based on comparative law to update and expand such grounds, strengthening judicial impartiality and confidence in the justice system. The methodology used was the comparative analysis of legislation. The historical method was used to understand the evolution of the institutions and the analytical method was used to process the information. The research design compared the Ecuadorian regulatory framework specifically with the regulations of Spain (Organic Law of the Judiciary) and Colombia (General Code of Procedure). The results revealed that the Spanish and Colombian legislations have more extensive and detailed catalogs of grounds, including criminal/disciplinary complaints, relationships in partnerships and lawsuits on the same legal issue, aspects absent or less precise in the COGEP. It was concluded that a comprehensive reform of the COGEP, inspired by these legislations, is imperative to fill the gaps and fully guarantee judicial impartiality in Ecuador.