COVID-19 AND FIELDS OF ADMINISTRATIVE LAW
Executive Decree 1017 of March 17, 2020, declares the state of emergency in Ecuador due to the declaration of a pandemic by Covid-19. In said decree, the guidelines for all Ecuadorian citizens are indicated, and in this specific case, the effects of administrative procedures.
In the first instance, it has been established that all the terms and deadlines in administrative procedures before government agencies such as ministries, decentralized autonomous governments, super intendencies, institutions attached to the executive function, among others, that depend on a resolution by a non-governmental authority. judicial.
The Organic Administrative Code is the norm that generally regulates these procedures and acts as a mother rule, and whose article 162 refers to the suspension of procedures by force majeure and / or fortuitous event. As we explained previously, these institutions are not the same, and we are currently in a case of force majeure.
This was confirmed by Executive Decree 1017, and therefore, various state departments have issued.
Institution |
Ministerial Agreement / Resolution No. |
Suspension Dates |
Procedures |
| SENAE | SENAE-SENAE-2020-0017-RE | From March 17th to April 3rdl 2020* | 1. Authorization or extension of customs procedures.
2. Presentation of challenges and administrative appeals, abandonment of merchandise, expiration 3. Prescription of administrative actions. |
| SUPERINTENDENCY OF COMPANIES | SCVS-INPAI-2020-00002712 | From March 16 April 16 2020 | 1. Administrative procedures.
2. Coercively executed. |
| SRI | NAC-DGERCGC20-00000022 | From the 16 to 31 of March 2020* | 1. Prescription of collection action of the entity |
| JUDICIAL COUNCIL | 0030-2020 | From March 16 until the state of emergency lasts | 1. Disciplinary procedures.
2. Limitation periods for new disciplinary actions |
| MAE | MAE-2020-016 | From March 16 until the state of emergency lasts | 1. All environmental procedures. |
| Ministry of Telecommunications | 009-2020 | While the emergency lasts | Ban on private companies from suspending services to citizens for non-payment. |
* This term has been extended.
The other institutions have echoed executive decree 1017 and article 162 of the Organic Administrative Code, in order to suspend deadlines and terms, such as municipalities, ministries of labor, education, foreign relations, etc.
