El acceso a la justicia constitucional y sus límites territoriales: Análisis de la Sentencia 12-25-IN25

Abstract

Abstract:This study examines the right of access to constitutional justice and its territorial limits, based on a legal analysis of Judgment 12-25-IN/25 issued by the Constitutional Court of Ecuador on May 26, 2025. That judgment declared the unconstitutionality of Resolution 006-2025 of the Plenary of the Judicial Council, which had mandated the creation of specialized constitutional courts of first and second instance under a district-based model; this model expanded the territorial jurisdiction of Judicial Units and District Chambers to cover all cantons and provinces. The highest body for constitutional interpretation determined that the resolution violated Articles 86 and 75 of the Constitution and that the model of organizing constitutional courts by districts disregarded the very nature of constitutional justice. The Constitutional Court held that the right of access to constitutional justice and the right to effective judicial protection were infringed, as the resolution created unreasonable economic and geographical barriers that hindered the filing of jurisdictional actions in response to violations of fundamental rights.