Ejercicio del derecho a la consulta prelegislativa en la formulación de la Ley Orgánica de Recursos Hídricos, Usos y Aprovechamiento del Agua, respecto de la sentencia 15-45 IN/22

Abstract

The purpose of this research is to analyze the sentence issued by the Constitutional Court, which declared unconstitutional the Organic Law of Water Resources Uses and Exploitation Sentence 45-15 IN/22, in which the court has motivated that the right to pre-legislative consultation established in article 57 numeral 17 of the Ecuadorian Constituent of 2008 was not effectively guaranteed, in which the right that the communes, communities, indigenous peoples and nationalities have to be consulted before the adoption of a legislative measure that may affect their collective rights is guaranteed, which is why the legislature must develop a new Organic Law of Water Resources Uses and Exploitation, The problem is that this law could be declared unconstitutional again if the legislature does not consider the criteria for which it was declared unconstitutional in order to analyze the way in which the right to pre- legislative consultation should be guaranteed in accordance with the provisions of the Constitutional Court. In the first chapter we develop the important concepts that will allow us to clearly understand and analyze the sentence contained in the second chapter of the project, in the third chapter we analyze the criteria that the court indicates that the legislature should consider for the creation of the Organic Law of Water Resources, Uses and Development of Water, the chapter is complemented by the criteria considered by the people surveyed in this work.