Las competencias municipales y la garantía del debido proceso a los ciudadanos en el marco de la descentralización en Cuenca

Abstract

This study aims to analyze how municipal powers are exercised in the canton of Cuenca and their relationship with due process in administrative actions. The study was conducted using a qualitative approach, involving an analysis of the Constitution, a review of administrative sanctioning procedures, interviews with municipal officials and citizens, and the review and analysis of various cases. This methodology facilitated a comprehensive analysis of how decentralized powers are exercised in practice within local government and their impact on the rights of those subject to administrative actions. The study found that although Ecuadorian regulations explicitly and clearly set forth the rights of citizens subject to administrative proceedings, irregularities are evident in practice in most procedures, such as deficiencies in the issuance of notifications, lack of justification for administrative decisions, and delays in the processing of administrative acts. Furthermore, it was found that the lack of specialized training and the absence of updated internal regulations contributed to administrative decisions that undermined legal certainty and public trust. The study made it possible to determine that strengthening municipal governance—through improved administrative procedures and effective respect for due process guarantees—is essential for building a public administration that is more efficient, transparent, and respectful of citizens’ rights.