Procedimiento administrativo sancionador regulado en el Código Orgánico Administrativo (COA)

Abstract

The administrative sanctioning power allows the State the power to impose sanctions on citizens who carry out actions contrary to what established in the law or officials who incur in faults when exercising public office. In the case of Ecuador, this power is subject to laws that limit the punitive power of the administration, the same that as of 2018 reformed into a single regulatory body called the Organic Administrative Code (COA), which has associated legal bodies. such as the Executive Function Administrative Legal Regime Statute (ERJAFE) and the Organic Code of Territorial Organization Autonomy and Decentralization (COOTAD), where no studies are identified to determine the effectiveness, before this arises the present investigation that aims to carry out a critical analysis and comparison to show whether the reforms guarantee an efficient sanctioning administrative process. The results show that there are great advances that show clarity and order in the sanctioning process, but that it presents deficiencies related to arbitrariness and contradictions to the constitution