The Ecuadorian Constitutional Court is asked to review the constitutionality of the articles 28, 41, 42 and 43 of the Environmental Management law of 2004 providing different judicial environmental legal recourses and participation mechanisms. The judge that transferred the case to the constitutional court asked the constitutional judges if those new recourses are in line with the judiciary institutional framework provided by the constitution as it feared some jurisdictions’ overlaps between the different competent courts.

The court considered that the question of the constitutionality of the Environmental Management law was not respecting the constitutional process of constitutional claims because it was not properly motivated. Thus the constitutional court refused to rule on the constitutionality of the law.