Revisión de oficio como método de subsanación y autotutela efectuado por la administración pública ecuatoriana: retos y perspectivas

Abstract

The academic article is structured around the ex officio review of administrative acts and its relationship with legal certainty. Initially, a conceptual framework is presented that defines administrative acts and their challenge, highlighting the importance of legal certainty enshrined in the 1998 Constitution and reinforced in the current legislation. In turn, throughout the paper, the legal bases of administrative self-protection and the power of the administration to review its own acts are discussed, underlining the need for balance between legality and stability of administrative acts. The central analysis of the work reveals the lack of specific regulations in Ecuador that govern the ex officio review of administrative acts, which encourages arbitrary practices and violates the principle of legal certainty. The thesis argues that the absence of a defined term to exercise this power generates unpredictability and instability, negatively affecting the rights acquired by citizens. It also proposes the need to establish a clear and uniform regulation that contemplates specific deadlines and transparent procedures for ex officio review, in order to protect legitimate trust and legal stability. Finally, the importance of transparency and legality in the actions of the public administration is emphasized in order to foster a predictable and fair legal environment. It is concluded that, although ex officio review is a necessary mechanism to correct irregularities, its exercise must be limited by a regulatory framework that guarantees legal certainty and avoids abuses of power by the public administration.