Spain • • • 🌿 Progressive

Personas con documentos en la mano hacen fila ante un edificio institucional de columnas a la espera de un trámite.
Ciudadanos con documentación en mano ante un edificio institucional, a la espera de una decisión que afecta su voto. · Imagen generada EPM

Court to decide if 163.020 affected voters can vote on November 29

The Constitutional Court must decide on admission of the Ombudsman appeal for protection and on the extremely urgent measures sought so that the 163.020 people…

--- The context --- The Constitutional Court faces a race against the electoral calendar to decide whether the 163.020 Spaniards affected by the suspension of voting linked to the grandchildren law will be able to take part in the general election on November 29. What the court resolves, and above all when it resolves it, will determine whether those people can vote in this election or are left out of a specific contest even if their right is recognised later. The dispute concerns the requirements for access to the electoral roll and whether maintaining the precautionary measure adopted in the prior judicial proceedings violates fundamental rights. --- The facts --- The Ombudsman, Ángel Gabilondo, filed an appeal for constitutional protection on Friday against the Supreme Court rulings that keep the precautionary measure in place and asked the court of guarantees to suspend its effects immediately. The appeal has been assigned to the fourth section of the Constitutional Court, whose rapporteur is Judge Enrique Arnaldo. The court has begun processing the claim, but it must rule on its admission and on the request for extremely urgent precautionary measures, and admitting the appeal does not by itself mean that those affected recover the right to vote. The urgency comes from the overseas vote timetable. The Electoral Census Office plans to send the first documentation to those registered in the Census of Resident Absent Voters between October 24 and October 30. The second dispatch of ballot papers will take place between November 4 and November 14, depending on whether there are challenges to candidacies. Voters may send their vote to consulates until November 24 and cast it at the ballot box between November 21 and November 26. --- The positions --- The Ombudsman argues in his challenge that the Supreme Court orders keeping the suspension in place may violate the right to participate in public affairs through suffrage recognised in Article 23.1 of the Constitution, the principle of equality before the law set out in Article 14, and the right to effective judicial protection in Article 24. From that position, keeping the suspension until a judgment is delivered could deprive those affected of voting in a specific election, a harm that a later ruling could no longer repair. By contrast, the Central Electoral Board has warned that it does not have the time or the means to identify the 163.020 affected people individually and review all their files before the election. A favourable ruling from the Constitutional Court could open the door to provisionally restoring the vote, but its execution would also depend on the scope of the decision and on the instructions received by the electoral administration. --- What remains unknown --- It is still not known whether the court will admit the appeal, whether it will grant the extremely urgent precautionary measures requested, or on what conditions those affected could provisionally recover the vote if the decision were favourable. --- Unanswered questions --- Decisive questions remain open for those affected and for the organisation of the election. Will the Constitutional Court admit the appeal and immediately suspend the effects of the suspension? Will the electoral administration be able to apply an eventual favourable decision in time for the 163.020 affected voters? What will happen to their vote if the court grants protection after November 29? --- EPM analysis --- The legal core requires more than alleging a violation. To admit an appeal for constitutional protection, the claim must meet the procedural requirements and justify special constitutional significance, that is, a relevance that goes beyond the particular interest of the appellant and merits a ruling to interpret, apply or guarantee the effectiveness of the Constitution. As for suspension, the Organic Law of the Constitutional Court provides that filing an appeal does not, as a general rule, suspend the effects of the challenged ruling. The court may order total or partial suspension when enforcement could cause harm that would make the appeal lose its purpose, provided the measure does not cause serious disruption to a constitutionally protected interest or to the fundamental rights or freedoms of another person. 📌 EPM Take: In EPM's view, the value of this decision will be measured as much by its reasoning as by its timing, because a right recognised after November 29 does not restore the lost opportunity to vote on that day. Effective protection of suffrage requires an urgent ruling with clear criteria, without turning a provisional measure into a definitive exclusion. At the same time, any provisional restoration must come with precise and workable instructions for the electoral administration, so that equality before the law does not depend on the material capacity to review each file in a few days or on improvised decisions.
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