The absence of a second instance in contentious administrative proceedings

Abstract

Introduction. Procedural law is a key element of law; it is a living law, unlike Roman law, and therefore requires constant review and updating in accordance with the reality and external context reflected in various rulings. Ignoring this need leads to a stagnation of the law. This seems to be the problem facing administrative procedural law in Ecuador, as it has been plagued for decades by a problem replicated in the General Organic Code of Procedures (COGEP), and it seems far from being resolved because there seems to be no interest in conceiving it as a problem. Objective. Analyze the absence of double instance in administrative contentious processes. Methodology. Theoretical work due to its very nature (no such second approach exists in reality). Two methods are used: bibliographical-documentary, which constructs a theoretical framework and analyzes various secondary sources. The exegetical method critically interprets the text to study its application. Results. The Constitutional Court of Ecuador admits that the right to appeal is not a right that can be applied indiscriminately or absolutely, since it is necessary to consider which, constitutional principles may be violated in its application. In its ruling, the Constitutional Court of Ecuador admits that the right to appeal is not a right that can be applied indiscriminately or absolutely, since it is necessary to consider whether there are constitutional principles that may be violated in its application. Conclusion. Regarding the dual appeal process, there is actually very little room for discussion regarding this duality of single appeal versus double appeal, since history, the Constitution, and the very practice of law lead to the conclusion that the absence of an appellate court represents legal antinomy and a situation of legal vulnerability for the parties involved in the case. If one is not willing to accept the dual appeal process in its entirety, the most sensible position is to accept it with limitations. But dismissing it as a priori has no legal justification, and the few allegations remain as mere arbitrariness. General Area of Study: law. Specific area of study: administrative litigation. Type of study: Original article.