Muerte cruzada

In Ecuadorian politics, muerte cruzada (Spanish pronunciation: [ˈmweɾte kɾuˈsaða]; 'mutual death', lit. 'crossed death') is the name commonly given to a mechanism governing the impeachment of the president of Ecuador and the dissolution of the National Assembly provided for in Articles 130 and 148 of the 2008 Constitution.[1][2][3]

Article 148 grants the president the power to dissolve the National Assembly, but only at the price of giving the electorate the opportunity to vote the president out of office. The mechanism requires that a special election be held following dissolution, in which a new president and vice-president and a new National Assembly are elected. The candidates elected – to both the executive and legislative branches – then serve out the remainder of the current presidential and legislative terms. A regular election for a full four-year period of office then takes place, in keeping with the normal electoral calendar.[4]

Article 130 provides similarly in the event of a successful impeachment of the president: a sitting president can be removed from office by two thirds of the members of the National Assembly (92 votes out of 137),[5] but if a president is removed in this way, fresh elections must be held to elect a new president and a new National Assembly to serve out the remainder of the current term of office.[1]

Thus, the "mutual death" aspect of the provisions arises from one key element: "in dissolving a branch of government, the other branch offers up its own continuity in office for the electorate to decide upon: in other words, elections are called with respect to both the dismissed branch of government and the branch that requested the dismissal."[6]

The muerte cruzada provision was introduced as a means of avoiding the protracted periods of political paralysis that had characterised Ecuador under previous constitutions.[7] It has been called both a nuclear option[8] and a plebiscite on the president's mandate.[9] A September 2010 judgement by the Constitutional Court described it as "a checks-and-balances tool that seeks to balance one branch of government against another".[10]

Constitutional text

Article 148 of the 2008 Constitution provides as follows:

The President of the Republic may dissolve the National Assembly when, in his or her judgement, it has assumed functions that are not within its constitutional competence, subject to the favourable opinion of the Constitutional Court; when it repeatedly and unjustifiably obstructs the execution of the National Development Plan, or because of a serious political crisis and domestic upheaval. This power may be exercised only once during the first three years of the President's term of office. Following a maximum of seven days after the publication of the decree of dissolution, the National Electoral Council shall call for legislative and presidential elections to be held, on the same date, for the remainder of the respective periods. Until the National Assembly is installed, the President of the Republic may, subject to the favourable opinion of the Constitutional Court, issue urgent economic decree-laws, which may be approved or overturned by the legislature.[11]

Article 130 reads:

The National Assembly shall be able to remove the President of the Republic from office in the following cases: (1) for assuming functions that do not come under his/her competence, subject to the favourable ruling of the Constitutional Court; (2) because of a serious political crisis and domestic upheaval. Within 72 hours of the conclusion of the procedure provided for by law, the National Assembly shall issue a ruling, with a statement of its reasons, on the basis of the evidence for his/her defence submitted by the President of the Republic. To proceed with the removal from office, the favourable vote of two thirds of the members of the National Assembly shall be required. If the President's removal from office is adopted, the Vice-President shall assume the office of President of the Republic. This power may only be exercised once during the legislative period, during its first three years. Within a maximum of seven days after publication of the ruling removing the President from office, the National Electoral Council shall call for legislative and presidential elections to be held, on the same date, for the remainder of the respective periods of office.[11]

2023 activation
Main article: 2023 Ecuadorian political crisis

Muerte cruzada was triggered for the first time on 17 May 2023 by President Guillermo Lasso after the opposition-led National Assembly had brought impeachment proceedings against him on charges of embezzlement.[8] In the decree announcing the measure, Lasso said that his decision had been motivated by the existence of a "severe political crisis and domestic upheaval".[12]

As a result, special presidential and legislative elections were held in 2023, ahead of their scheduled date in 2025, and the impeachment proceedings were voided.[13] Both Lasso and the incumbent members of the National Assembly are eligible for re-election;[2][12] on 18 May, however, Lasso announced that he would not be standing.[14][15] Daniel Noboa won the 2023 Ecuadorian general election.[16]

References
  1. Cárdenas Cifuentes, Manuela (23 April 2020). "Impeachment in the United States and Muerte Cruzada in Ecuador: Analysis on the Legal Effectiveness of Both Figures". USFQ Law Review. 7 (1): 289–305. doi:10.18272/ulr.v7i1.1697. Retrieved 19 May 2023.
  2. López, Alejandro I. (17 May 2023). "Qué es la muerte cruzada, el decreto de Guillermo Lasso que disuelve el Congreso y convoca a nuevas elecciones en Ecuador". El País. Retrieved 17 May 2023.
  3. "Qué es la 'muerte cruzada' invocada por el presidente Lasso en Ecuador y qué pasa ahora". BBC Mundo. 17 May 2023. Retrieved 17 May 2023.
  4. "Ecuador deberá vivir un proceso eleccionario en pocos meses. ¿Guillermo Lasso se puede presentar a elecciones?". El Universo. 17 May 2023. Retrieved 18 May 2023.
  5. John, Tara; Pozzebon, Stefano (16 May 2023). "Ecuador's President Guillermo Lasso fights for political survival as impeachment trial looms". CNN. Retrieved 21 May 2023.
  6. "Análisis Muerte Cruzada 2021" (PDF). Corporación Participación Ciudadana. Retrieved 19 May 2023.
  7. "Ecuador's President Ends Impeachment Proceedings Against Him by Dissolving National Assembly". Time. 17 May 2023. Retrieved 18 May 2023.
  8. "Guillermo Lasso: Ecuador's President dissolves parliament". BBC News. 17 May 2023. Retrieved 17 May 2023.
  9. "En vísperas del juicio político en su contra, Guillermo Lasso disuelve el Congreso y llama a elecciones en Ecuador". Delfino. 17 May 2023. Retrieved 17 May 2023.
  10. Escobar, Lizeth (18 May 2023). "¿Existe grave crisis política y conmoción interna en Ecuador? La razón por la que el presidente Guillermo Lasso invocó la muerte cruzada". El Universo. Retrieved 18 May 2023.
  11. "Republic of Ecuador: Constitution of 2008". Political Database of the Americas (in Spanish). Retrieved 17 May 2023.
  12. "Ecuador's embattled president dissolves congress in bid to avoid impeachment". The Guardian. 17 May 2023. Retrieved 17 May 2023.
  13. "Ecuador's president dissolves National Assembly". Deutsche Welle. 17 May 2023. Retrieved 18 May 2023.
  14. "Presidente Guillermo Lasso reveló que no será candidato en estas elecciones". El Telégrafo. 19 May 2023. Retrieved 19 May 2023.
  15. "After dissolving legislature, Ecuador's president says he's leaving, too". The Washington Post. 19 May 2023. Retrieved 19 May 2023.
  16. Valencia, Alexandra; Garcia, Yury. "Noboa wins Ecuador presidential race, pledges to rebuild country". Reuters. Retrieved 16 October 2023.
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