Límites constitucionales a las medidas administrativas urgentes de las Juntas Cantonales: análisis jurisprudencial y dogmático, Ecuador 2021-2025

Abstract

Cantonal Boards for the Protection of Rights must act promptly when a threat cannot be delayed; however, such an immediate response cannot become a final decision that is inadequately reasoned or open to no debate. In this context, this article aims to analyze the constitutional limits of urgent administrative measures adopted by these bodies and to determine how to balance urgent protection with the right to a defense and administrative due process in Ecuador during the 2021–2025 period. The research adopts a qualitative, doctrinal, and jurisprudential approach, based on a review of legislation, legal doctrine, and case law of the Constitutional Court of Ecuador. Judgment No. 239-17-EP/22 is used as a bridging case, while Judgments No. 1158-17-EP/21, No. 904-12-JP/19, and No. 3-19-JP/20 are used as complementary criteria. The results show that an urgent measure retains its legitimacy only when it arises from a concrete risk, is issued by a competent authority, sets forth its reasons, limits its effects, and allows for subsequent review. The study concludes by proposing a minimum course of action that enables the Cantonal Boards to protect rights in a timely manner without causing a lack of effective defense or imposing premature sanctions.