Effective judicial protection in the enforcement of constitutional protection actions in Cuenca canton during 2022

Abstract

This article analyzed the impact on the principle of effective judicial protection in light of the non-compliance with rulings issued in constitutional protection actions (acciones de protección) in the Cuenca canton during the year 2022. Based on the normative and doctrinal foundations underpinning effective judicial protection, the constitutional protection action, and the obligation to comply with the decisions of constitutional judges, the study was developed using doctrinal sources, national and international legal frameworks, and case law from the Constitutional Court of Ecuador. The research identified and systematized the rulings from constitutional protection actions that were not enforced during the analyzed period, which enabled the recognition of common patterns of non-compliance, such as the lack of institutional follow-up, resistance from the defendant authorities, and the ineffectiveness of available coercive mechanisms. As a result, the study demonstrated that the failure to enforce these decisions constituted a direct violation of the fundamental right to effective judicial protection, thereby undermining the credibility of the constitutional justice system. The study concluded with a proposal for regulatory and operational reforms aimed at strengthening the comprehensive and timely enforcement of rulings issued in protection actions, in accordance with the standards of redress established in the 2008 Constitution and international human rights instruments.