Abstract

RUMIPAMBA-LLAMUCA, Rómulo Renato; MERINO-SANCHEZ, Wilson Yovanny  and  COMAS-RODRIGUEZ, Raúl. Judicial independence and disciplinary power in the Organic Code of the Judicial Function in Tungurahua. Noesis [online]. 2025, vol.7, n.esp1, pp.238-252.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.382.

This study analyzed the tension between judicial independence and the disciplinary power exercised by the Council of the Judiciary in Tungurahua Province. The objective was to determine the limits of disciplinary authority in relation to judicial autonomy, based on cases processed in 2022. A qualitative approach was applied, using methods of analysis and synthesis, documentary review of disciplinary files, and interviews with judges from different areas. The results showed that, although the Organic Code of the Judicial Function establishes a disciplinary regime with minor, serious, and very serious sanctions, its application was sometimes perceived as a threat to the internal and external independence of judges. It was concluded that judicial independence is a fundamental principle for the proper administration of justice and that the exercise of disciplinary authority must respect constitutional limits, avoiding its use as an undue mechanism of pressure.

Keywords : Judicial independence; judiciary; constitutional law; professional responsibility..

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