Administrative discretion in Ecuador: From legitimate use to arbitrariness - Judgment No. 1381-17-EP/22

Abstract

The general objective of this study is to analyze the legal and administrative effects of Judgment No. 1381-17-EP/22 of the Constitutional Court of Ecuador, regarding the limits of administrative discretion. The research adopts a qualitative approach, supported by documentary, jurisprudential, and comparative analysis. Analytical-synthetic, hermeneutical, and comparative methods were employed. The results show that, although the Court established clear parameters to avoid arbitrariness, administrative acts with insufficient motivation, a lack of proportionality, and scant adherence to the principles of legality and reasonableness persist. Furthermore, a lack of legal training among public servants, weaknesses in prior review mechanisms, and limited practical application of constitutional precedent were evident. These factors generate legal uncertainty and unequal application of the law in public administration. It is concluded that it is necessary to strengthen the regulatory framework and institutional management, incorporating ongoing training programs, technical motivational guides, and technological tools to support public decision-making, in order to consolidate legitimate and controllable administrative discretion that respects fundamental rights.