ECUADOR: An introduction to Public Law

Ecuador, like other countries in the region, has an administrative system structured in two levels: one corresponding to the administrative phase, and the other to judicial review before specialist courts.

The Administrative Sphere

In the administrative sphere, the relationship between citizens and the Public Administration is governed by the Organic Code of Administrative Procedure (COA), enacted through an Organic Law published in Official Register Supplement No. 31, on July 7, 2017. This legal framework regulates the organization and functioning of the public administration, as well as administrative procedures, the sanctioning regime, non-contractual liability of the State, and other essential aspects of public law.

Executive Degree No. 57

A significant regulatory development occurred on July 24, 2025, with the publication of Executive Decree No. 57, which issued the Regulation to the Organic Law on Public Integrity. This regulation restructured the Executive Branch by reducing the number of ministries from 20 to 14 and eliminating several secretariats, leaving only three in place. The reform represents a substantial change in the institutional design of the Executive, responsible for the development and implementation of public policies through regulatory instruments and oversight mechanisms.

The Judicial Sphere

In the judicial sphere, the Organic General Code of Procedures (COGEP), published in Official Register Supplement No. 506 on May 22, 2015, governs procedural activity in judicial venues. This code introduced major innovations, such as procedural orality, electronic service of process, and the implementation of virtual hearings, aimed at streamlining proceedings and improving access to justice.

Challenges to administrative law

Looking ahead, Ecuadorian administrative law will face challenges similar to those of other countries in the region, including fiscal austerity, digital transformation, environmental sustainability, and institutional strengthening. Within this context, strategic areas for development include Public-Private Partnerships (APP), particularly in infrastructure, energy, and public services.

Public investment law

The Government of Ecuador has prioritised a series of strategic projects under the Public-Private Partnership (PPP) model, aimed at developing key infrastructure across the country. Notable among these are the Southern Viaduct of Guayaquil (the “Fifth Bridge”), with an estimated investment of USD 1.5 billion; the Multipurpose Bulk Terminal of the Guayaquil Port Authority, exceeding USD 227 million; the Quevedo–Babahoyo–Jujan (E25) highway, with USD 352 million; and the Cardenillo and Santiago hydroelectric plants, with estimated investments of USD 1.68 billion and USD 4.36 billion, respectively. Taken together, these and other initiatives represent a total investment of approximately USD 10 billion, marking a milestone in the planning and execution of large-scale infrastructure projects. Although the Public-Private Investment Secretariat (SIPP) was officially eliminated through a legal reform published in the Official Register on June 24, 2025, the government has ensured continuity of the portfolio by reallocating responsibilities to sectoral ministries such as Production, Energy, Transportation, and the National Secretariat for Planning. This institutional reorganisation has not interrupted the momentum of the PPP program, which continues to represent an attractive platform for both domestic and foreign investors.

Constitutional law

Ecuadorian constitutional law, developed under the Organic Law on Jurisdictional Guarantees and Constitutional Oversight, serves as the structural foundation of the country’s public and economic order. It ensures not only the protection of fundamental rights but also a stable and predictable legal environment for business activity. In 2025, the Constitutional Court consolidated key legal standards that strengthen Ecuador’s attractiveness as an investment destination. Noteworthy jurisprudential developments include:

1. the reinforcement of the principle of proportionality in the application of regulatory measures affecting economic rights;
2. the requirement of typification and legal certainty in administrative sanctioning regimes; and
3. the consolidation of a model of structured institutional dialogue, which promotes regulatory decisions based on technical evidence, public consultation, and interinstitutional coherence.

Collectively, these developments reinforce legal certainty, effective constitutional oversight, and the balance between a modern regulatory framework and economic freedoms—allowing investors to operate in a system defined by clear rules, strong judicial guarantees, and openness to regulatory innovation.

Environmental public law

In 2025, Ecuador underwent a high-impact institutional reorganization through the merger of the Ministry of the Environment, Water and Ecological Transition (MAATE) with the Ministry of Energy and Mines, pursuant to Executive Decree No. 60, as previously noted. From a legal standpoint, this merger marks a shift in the architecture of Ecuador’s environmental public law by integrating, within a single entity, regulatory, oversight, and policy functions related to energy and mining development. The Organic Environmental Code (Official Register Supplement No. 983, April 12, 2017) remains the governing framework for environmental management, supported by a consolidated system of environmental audits, technical licensing, and corrective measures. At the judicial level, the Constitutional Court has issued landmark rulings reaffirming the full enforceability of free, prior, and informed consultation, and declaring the invalidity of administrative acts adopted without comprehensive environmental assessments or substantive public participation—particularly in extractive projects. Moreover, the reopening of the national mining cadastre (2025) and advances in the licensing of renewable energy projects have improved regulatory predictability. Nonetheless, procedural times and bureaucratic bottlenecks remain a challenge for the public administration, which is expected to improve following the institutional merger.

Maritime and port public law

Maritime and port public law in Ecuador is one of the most dynamic pillars of the national administrative legal system, as it governs a sector through which more than 85% of the country’s foreign trade flows—crucial for national competitiveness. At the regulatory level, the Organic Law on Navigation, Management, Safety, and Protection of Maritime and River Spaces (LONSEA), enacted in 2021 and regulated in 2023, establishes a specialist framework of public authority in aquatic spaces, reinforcing state control over maritime safety, pollution prevention, jurisdictional authority, and competencies for resolving navigation-related incidents, among others. The National Directorate of Aquatic Spaces (DIRNEA), as the maritime authority, and the Subsecretariat of Ports and Maritime and River Transport (SPTMF), as the policymaking body for port affairs, form a technical-operational governance structure. Economically, Ecuador has adopted a liberalized port investment regime, allowing the operation of both public and private ports in accordance with principles of free competition and legal certainty. This model has facilitated the consolidation of a robust port sector, placing Ecuador seventh in the regional ranking by container volume (TEUs) on a sustained basis. Commercially, the national port system enables the export of flagship products such as shrimp—now the country’s leading non-oil export—followed by bananas, as well as flowers, cocoa, coffee, processed fish, and minerals. This underscores the structural role of maritime and port public law as an enabling mechanism for Ecuador’s strategic integration into global logistics chains.

A process of modernisation

Public law in Ecuador is undergoing a process of modernisation driven by reforms in sustainability, efficiency, and openness to investment. This context demands a proactive and constantly updated role from legal advisors to effectively meet client objectives. Despite historical and ongoing challenges, Ecuador continues to strive to offer a predictable and competitive regulatory environment that is conducive to attracting sustainable and strategic investments.