The Arab-Israeli Constitutional Conflict

The Arab-Israeli constitutional conflict

Introduction

The peaceful coexistence of the community will be achieved to the extent that, to appease the conflicts of interest of legal preeminence, caused by acts of its members, it is viable to replace the absurd violence of the judicial work that, in legal terms they can, prove your doctor to appeal to a court in instance of a fair arbitration.

In the international arena, the world recently awake and longs for border conflicts, to have a solution with rational agreements and not having to trigger a war. Seeing intent from this point we see that one of the problems that our country has is that of migrants who are backed by UNHCR.

Developing

Specific problem: State action of unconstitutionality of administrative fact with general representation, in accordance with numeral 2 of article 436 of the Constitution of the Ecuadorian State. The ordination of the application in Ecuador of the right to refuge through the Regulation included in Executive Decree No. 1182.

In case N.0056-12 IN of October 26, 2012 presented by Mrs. Sarmiento Karina, as director of Asylum Access Ecuador, raises to the Constitutional Court the unconstitutionality action in general in accordance with art. 436 numerals 2 of the Ecuadorian Constitution. The shareholder emphasizes that Ecuador has confirmed treaties protect the right the non -return. In the same way, the Ecuadorian Constitution enshrines this principle in article 41, highlighting that asylum and refuge rights are recognized

Characteristic

As we observe in our Constitution we see the following in reference to refugees.

• According to art. 40 of the Constitution recognizes the right that individuals possess to emigrate and institute that their migrant status not being illegal.
• Expenditive Law does not perform with the unavoidable formal requirements to regulate a human right, that is, rights should be regulated by a law.
• This demand has an alleged violation of the ne bis in idem principle, through the possibility of canceling the refugee or refugee situation when a favorable ruling made by the commission is considered missing of foundation is unconstitutional.

Competencies

• ABG. Marcos Arteaga Valenzuela, National Director of Sponsorship, representative of the State Attorney General.
• Dr. Alexis Mera Giler, National Legal Secretary of the Presidency of the Republic.
• Vice Admiral Homero Arellano, as Minister of Security Coordination
• The Mrs. Juliana Vengeochea Barrios, director of the Center for International Law Studies ‘Francisco Suárez S.J.’And coordinator of the Legal Clinic Program in International Refugee Law, presents a letter from Amicus Curiae,

Procedures

• Expose in judgment the unconstitutionality of articles 33, 48 and 50, and the partial unconstitutionality of articles 27 and 47 of Decree 1 182, since they break the right to due process enshrined in article 76 of the Constitution
• Request that the diligence is admitted to the action of unconstitutionality, and in that sense: express in opinion the unconstitutionality of article 8 of Decree 1 1 82, since it transgresses the constitutional commitment expressed in article 11 numeral 3 of the Magna Carta.

Form of solution

To solve the problem posed, it is necessaryFor the common dependent procedure of the organs and entities that supply the central and institutional public administration and that depend on the executive function, with the purpose of verifying whether or not to see or not violation of the rights of equality. In addition to:

1. Occupational Executive Decree 3301, released in the Official Registry. 933, of May 12, 1992;The Executive Decree does not. 1635, of March 25, 2009, published in the Official Registry no. 565, of April 7, 2009 and Ministerial Agreement 000003.
2. That is manufactured from the decree that will be about to associate in force as a briefly as possible, giving that debt to the Ministers of the Interior, National Defense, Justice, Human Rights and Cults and Foreign Relations, Commerce and Integration.

conclusion

We observe that UNHCR, it is clear in designing that the refuge applicant must be consent to administrative penal. With their organs you support migrants, even so, it establishes time for them to be legalized.

Bibliography

• Ecuador, c. C. (2014).