Abstract

ROBALINO-FRANCO, Karina Isabel; PROANO-REYES, Gladis Margot  and  LACH-TENECOTA, Wladimir. Technical Standard MDT-2019-007 of the Ministry of Labor versus the Organic Law on Public Service and regulation. Noesis [online]. 2025, vol.7, n.esp1, pp.125-138.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.374.

The punitive power of the State is expressed in criminal law and administrative law. The latter includes disciplinary authority applied to public servants for misconduct in the exercise of their duties. In Ecuador, both the Organic Law on Public Service (LOSEP) and its Regulations, as well as Technical Standard MDT-2019-007 of the Ministry of Labor, regulate the administrative summary procedure. However, the coexistence of these provisions generates regulatory contradictions that may violate the principle of legality and due process guarantees. This qualitative and documentary research critically analyzes these provisions in order to identify gaps and ambiguities that affect the application of the disciplinary regime. The results highlight the need to harmonize current regulations in order to guarantee legal certainty and the protection of the fundamental rights of public servants. Principle of efficiency; principle of quality; administrative activity; digitization of administration.

Keywords : Administrative law; civil service; administrative procedure; procedural guarantees..

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