Principio de impulso procesal en materia administrativa con relación al derecho a la tutela judicial efectiva y motivación de las resoluciones

Abstract

The plaintiff is Marcos Eduardo Díaz Merino, a former judge of the Provincial Court of Chimborazo, who filed an extraordinary action for protection against the Judiciary Council and the Attorney General's Office. The plaintiff challenged the administrative resolution that imposed the penalty of dismissal from his position as a judge, allegedly for intervening in a criminal case involving his brother-in-law, thereby violating his constitutional rights to effective judicial protection, due process, and legal certainty. The Constitutional Court accepted the plaintiff's action and declared a violation of his right to effective judicial protection because the Administrative and Tax Court of Ambato declared abandonment and ordered the case to be closed without verifying who was responsible for the lack of procedural progress and without considering a pending request from the plaintiff. As a remedy, the Constitutional Court ordered the annulment of the challenged decisions, reverting the process to the moment before the declaration of abandonment, and continuing with the substantiation of the case, convening the preliminary hearing in accordance with the General Organic Code of Processes.