Transformación forzosa de cooperativas en bancos, análisis constitucional del modelo económico social y solidario ecuatoriano

Abstract

Ecuador's social and solidarity-based economic model was impacted following the implementation of Provision Eleven of the Public Integrity Law. This law was created with the aim of protecting members' savings and preserving financial institutions, integrating them into economic regulations that sought to transform cooperatives into banking entities, causing a structural change and altering their legal nature, jeopardizing the essence of how cooperatives operate, as well as the right to freedom of association and economic pluralism recognized by the Constitution of the Republic. The approval of the Public Integrity Law sparked controversy among entities in the popular and solidarity-based economic system, as well as among members who chose to support the model. Due to the discontent generated, unconstitutional action No. 60-25-IN filed, questioning both the content and the form of the law. The Court, for its part, opted to declare the law unconstitutional, annulling the Eleventh Transitional Provision. This qualitative, dogmatic-legal approach facilitated the study, analysis, and interpretation of the law. Likewise, the study uses an analytical-critical methodology to point out contradictions with constitutional principles. Thus, it shows the unconstitutionality detected in the enactment of the Transitional Provision, the principles infringed upon, and the substantive and procedural exceptions that led to the annulment of said Provision. We also point out options for strengthening the Popular and Solidarity Economic System and ensuring its operability.