Post by account_disabled on Feb 14, 2024 21:25:46 GMT -10
The Second Chamber of the Constitutional Court, unanimously, has rejected the appeal for electoral protection presented by the PSOE and others against the ruling of the Contentious-Administrative Chamber of the Supreme Court, issued on August 25, 2023, which confirmed the Agreement of August 8, 2023 of the Provincial Electoral Board of Madrid in the electoral process of elections to the Cortes Generales . The Socialiasts were seeking a recount of the votes declared invalid in Madrid in the general elections held on July 23 .
The ruling, for which Judge Laura Díez Bueso was the rapporteur , clarifies the content of the doctrine included in STC 159/2015 , of July 14, establishing clearly and with a view to generality, whether this right of candidates to request the review of the null vote is an unconditional right or if, on the contrary, at least the indication of the existence of some irregularity in the electoral procedure must be invoked.
In this sense, unanimously, the Court Italy Email List concludes that “ whoever requests the review of the null votes is obliged to base his request on the denunciation of irregularities during the electoral process. And, although it is not reasonable to demand in these cases full proof of the alleged irregularity (...) at least evidence of these must be invoked." Therefore, the use of the review or control mechanisms of the acts of the electoral procedure is conditional on the legitimate subject who intends to request them to comply with this minimum allegation burden.
The request for protection considers that the right to passive suffrage has been violated by having made the request for review of the entire null vote subject to a requirement not expressly contemplated in the law, specifically, the requirement to invoke irregularities in the procedure. electoral.
As the claimants for protection allege, Organic Law 5/1985, of June 19, of the General Electoral Regime (LOREG) does not establish requirements to exercise this right of claim and, furthermore, it is necessary to apply to this case the principle of interpretation more favorable to the effectiveness of fundamental rights, specifically, to the effectiveness of the rights recognized in art. 23 CE.
The ruling, for which Judge Laura Díez Bueso was the rapporteur , clarifies the content of the doctrine included in STC 159/2015 , of July 14, establishing clearly and with a view to generality, whether this right of candidates to request the review of the null vote is an unconditional right or if, on the contrary, at least the indication of the existence of some irregularity in the electoral procedure must be invoked.
In this sense, unanimously, the Court Italy Email List concludes that “ whoever requests the review of the null votes is obliged to base his request on the denunciation of irregularities during the electoral process. And, although it is not reasonable to demand in these cases full proof of the alleged irregularity (...) at least evidence of these must be invoked." Therefore, the use of the review or control mechanisms of the acts of the electoral procedure is conditional on the legitimate subject who intends to request them to comply with this minimum allegation burden.
The request for protection considers that the right to passive suffrage has been violated by having made the request for review of the entire null vote subject to a requirement not expressly contemplated in the law, specifically, the requirement to invoke irregularities in the procedure. electoral.
As the claimants for protection allege, Organic Law 5/1985, of June 19, of the General Electoral Regime (LOREG) does not establish requirements to exercise this right of claim and, furthermore, it is necessary to apply to this case the principle of interpretation more favorable to the effectiveness of fundamental rights, specifically, to the effectiveness of the rights recognized in art. 23 CE.