The Administrative Sanctioning Procedure: Analysis of Its Efficiency and Legitimacy in Ecuador

Abstract

The administrative sanctioning procedure is a fundamental instrument within administrative law, enabling public administration to ensure compliance with regulations by imposing sanctions on those who violate them. In Ecuador, this procedure holds particular significance due to its impact on due process, legal certainty, institutional transparency, and the protection of citizens' rights.
This scientific article examines the efficiency and legitimacy of the administrative sanctioning procedure in Ecuador from both a normative and practical perspective. Efficiency is evaluated in terms of procedural timelines, allocated resources, and the degree to which established objectives are met. In contrast, legitimacy is assessed based on principles such as due process, proportionality, and legality, ensuring that administrative decisions respect fundamental rights.
As improvement proposals, this study suggests optimizing human and technological resources, providing ongoing training for administrative personnel, and implementing mechanisms to strengthen transparency and access to information. These measures would not only enhance the efficiency of the procedure but also reinforce its legitimacy and increase public trust in governmental institutions.
In our view, the administrative sanctioning procedure in Ecuador must evolve into a more efficient and legitimate model that ensures an appropriate balance between the State's sanctioning authority and the protection of citizens' rights.
The methodology applied in this research is qualitative, based on documentary and regulatory review, with a descriptive and analytical approach. Inductive, deductive, comparative, analytical, historical, and legal-dogmatic-exegetical methods were used. This methodological combination made it possible to examine the structure and functioning of the sanctioning procedure, identify its weaknesses, and propose solutions grounded in respect for fundamental rights and international standards.