State Responsibility on the Ecuadorian Constitution of 2008

Abstract

The Ecuadorian Constitution promulgated on October 20th, 2008, foresees in article 11.9 that the state responsibility consists in the reparation for the violation of rights, due to the lack of, or the deficient existence of public services, or as consequence of any omission in the exercise of public powers. This reparation must be integral accordingly to the guarantor principle of protection of rights foreseen in article 86.3. This article refers to general aspects of the juridical nature of state responsibility –from irresponsibility to state responsibility, its evolution –from the civil reparatory conception to the integral reparatory conception–, and the denominated juridical titles of objective imputation –failure of the service, imbalance of public burdens–, which will be of transcendental importance for the comprehension of the new regime. Other specific aspects will require further examination.