Ecuador’s Constitutional Court Receives Support from Nine ‘Amicus Curiae’ and Opposition from Four in Regards to the Trade Agreement with China

Photo: Corte By: Sageo. Source: Wikicommons

Ecuador’s Constitutional Court  has a 30-day period to issue its final ruling following the ‘amicus curiae’ submission stage, which concluded on September 11th.

During this timeframe, 9 ‘amicus curiae’ submissions were in favor of the trade agreement between China and Ecuador, while 4 opposing viewpoints were received. The Ministry of Production, Foreign Trade, Investments, and Fisheries submitted one in favor. The Ministry argues that the agreement is designed to benefit productive sectors by easing access to the Chinese market and safeguarding the agreed-upon productive sensitivities of these sectors. However, it’s important to highlight that the arguments presented should primarily focus on constitutional aspects.

In the amicus presented by Acción Ecológica, concerns are raised about certain aspects of the agreement, including the investment and economic cooperation chapter, as well as the implementation of the FTA. Ratifying the treaty could potentially require Ecuador to amend or repeal laws, which could run counter to the progressive principles of the Ecuadorian Constitution, well-known for its strong stance on human rights and environmental protection.

The Ministry of Production, Foreign Trade, Investments, and Fisheries asserts that the provisions of the agreement were negotiated in accordance with constitutional provisions and that sovereignty in formulating public policies on environmental and labor matters is guaranteed. After the deadline for submitting ‘amicus curiae’ has passed, the Constitutional Court will review the agreement from a constitutional perspective and issue its final ruling within 30 days.

Top headline:

El Universo. (2023, 13 septiembre). Corte Constitucional recibió nueve ‘amicus curiae’ a favor y cuatro en contra del acuerdo entre China y Ecuador.