Analysis of the Interpretive Statement 0001-10-SIC-CC, Case SIC 0012-09, of the Constitutional Court of Ecuador: Does the Ecuadorian Government Have the Right to Participate in at Least 10% of the Profits Generated in the Telecommunications Sector?

Abstract

We revise the interpretative resolution no. 0006-09-sIC-CC, case-IC 0012-08, issued by the Constitutional Court for the transitional period. Primarily, this resolution examines whether the second paragraph of article 408 of the ecuadorian Constitution is applicable to the telecommunications sector. The aforementioned article provides that the state must participate in the benefits of the use of various resources, including non-renewable and the radiolectric spectrum, in an amount that must not be inferior to those of the company that exploits them. The economic importance of the resolution of the Court is clear, because it directly affects the extent of property rights, both those of the estate and those of individuals engaged in the telecommunications sector. despite the economic importance of the case, the motivation is weak, and the line of argumentation results dark and even contradictory.