La descentralización territorial como principio constitucional establecido en el artículo 1 de la Constitución de la República del Ecuador

Abstract

Decentralization constitutes a fundamental principle of Ecuadorian territorial organization, established in the Constitution of the Republic through the political, administrative, and financial autonomy of the Decentralized Autonomous Governments (GADs, by its Spanish acronym) and the establishment of a national system of competencies. This research aimed to determine how the State ensures its implementation and to identify the main limitations affecting its effective application. The study conducted a legal analysis of the constitutional and legal framework, considering the distribution of powers among levels of government, the exclusive competencies of the central State, and the powers of the GADs to manage public services. As a proposal, strategies were developed to strengthen the institutional and financial capacities of territorial governments, as well as criteria to determine the most relevant management modality according to the characteristics of each service and territory. Among the alternatives analyzed were direct administration, public enterprises, inter-municipal associations, concessions, and mixed-economy enterprises. The viability of an eventual formation of autonomous regions was also examined. It is concluded that Ecuador has a consolidated legal framework, although financial, institutional, and intergovernmental coordination limitations persist. It is necessary to align the competencies assigned with adequate resources, capacities, and mechanisms to ensure their efficient exercise.