Post by account_disabled on Mar 11, 2024 23:29:32 GMT -5
The Second Chamber understands that other elements of constitutional relevance must be taken into consideration that lead to considering that the requirement to allege irregularities to request the claim of null votes cannot be considered contrary to the Constitution.
The ruling maintains that, in addition to the principle of greater effectiveness of the rights alleged by the appellants, the principles of conservation of validly held electoral acts and of presumption of validity of the acts of the Electoral Boards also apply to the case . According to the court, a Email Data joint interpretation of both principles leads to the fact that, “if such a claim is sought, some irregularity must be alleged that could have caused a discrepancy between the result of the count and the will of the voters. "This irregularity in the electoral process does not necessarily have to be proven by full evidence, but it will be sufficient to provide evidence regarding its existence."
Upon joint consideration of both principles, the Second Chamber affirms that the LOREG does not provide within the ordinary counting system a specific right to request the review of null votes and, considering that an unconditional right could lead to a generalized demand for a recount of votes , this recount would become de facto ordinary despite not being foreseen in the Organic Law as part of the electoral system designed therein.
Furthermore, "the preceding conclusions are consistent with the requ
irements that derive from the principle of proportionality , since the unconditional demand for review of null votes causes a disproportion between the purpose pursued, investigating the true will of the voters, and the means used, reiterate all the scrutiny work of the null votes. Also from the perspective of proportionality, the speed in knowing the final electoral results constitutes a legal asset to be protected, which is more difficult to guarantee if widespread claims arise," declares the Constitutional Court.
The court concludes in its ruling that in the present amparo appeal the denial of the request for review of the entire null vote by the Provincial Electoral Board of Madrid, subsequently confirmed by the contested ruling of the Supreme Court, does not constitute a violation of the fundamental rights recognized in art. 23 CE .
In his opinion, “ Commercial judges are being key in the development of this new regulation .” They are, as expected, doing their best by applying the law and trying to resolve the gaps that exist. They are highly trained professionals who dictate their resolutions trying to interpret the spirit of the law and act in favor of the most disadvantaged people, in this case natural persons.”
The ruling maintains that, in addition to the principle of greater effectiveness of the rights alleged by the appellants, the principles of conservation of validly held electoral acts and of presumption of validity of the acts of the Electoral Boards also apply to the case . According to the court, a Email Data joint interpretation of both principles leads to the fact that, “if such a claim is sought, some irregularity must be alleged that could have caused a discrepancy between the result of the count and the will of the voters. "This irregularity in the electoral process does not necessarily have to be proven by full evidence, but it will be sufficient to provide evidence regarding its existence."
Upon joint consideration of both principles, the Second Chamber affirms that the LOREG does not provide within the ordinary counting system a specific right to request the review of null votes and, considering that an unconditional right could lead to a generalized demand for a recount of votes , this recount would become de facto ordinary despite not being foreseen in the Organic Law as part of the electoral system designed therein.
Furthermore, "the preceding conclusions are consistent with the requ
irements that derive from the principle of proportionality , since the unconditional demand for review of null votes causes a disproportion between the purpose pursued, investigating the true will of the voters, and the means used, reiterate all the scrutiny work of the null votes. Also from the perspective of proportionality, the speed in knowing the final electoral results constitutes a legal asset to be protected, which is more difficult to guarantee if widespread claims arise," declares the Constitutional Court.
The court concludes in its ruling that in the present amparo appeal the denial of the request for review of the entire null vote by the Provincial Electoral Board of Madrid, subsequently confirmed by the contested ruling of the Supreme Court, does not constitute a violation of the fundamental rights recognized in art. 23 CE .
In his opinion, “ Commercial judges are being key in the development of this new regulation .” They are, as expected, doing their best by applying the law and trying to resolve the gaps that exist. They are highly trained professionals who dictate their resolutions trying to interpret the spirit of the law and act in favor of the most disadvantaged people, in this case natural persons.”