Abstract

MARCHECO ACUNA, Benjamín. The unconstitutionality of mandatory membership and the control of professional deontology in Ecuador from resolution 0038-2007 TC, of 05/03/2008, of the Constitutional Court. Cuest. Const. [online]. 2018, n.38, pp.85-111. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2018.38.11876.

This paper aims to make a critical analysis of Resolution 0038-2007 of March 5, 2008 of former Ecuadorian Constitutional Court, who declared unconstitutional the requirement of compulsory membership of proffessional and trade associations, due to it oposition to the right of free enterprise and association enshrined in sections 16 and 19 of Article 23 of the Constitution then in force; both to demonstrate the lack of technical soundness of their arguments as mainly to demonstrate the negative effects produced on the control of profesional ethical and deontology rules, by depriving the professional corporations of their powers of surveillance, prosecution and punishment about all professional activity.

Keywords : Deontology; Compulsory Membership; Right to Free Assosiation.

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