The Prosecutor’s Office opposes the appeal filed by the PSOE before the Constitutional Court for a new recount of the null vote in Madrid. In a writing, the prosecutor understands that the Supreme Court’s arguments to reject the socialists’ claim “conform to the doctrine that emanates from constitutional jurisprudence.”
The TC Prosecutor’s Office changes the criteria of the one maintained by the public ministry in the Supreme Court lawsuit. Now he points out that the doctrine on which the high court was based to reject a new recount of votes in Madrid “does not allow recognizing the existence of an unconditional right, based on the mere expressed will of the interested parties, to review by the Boards Electoral of the votes declared invalid and not protested”.
For the representative of the public ministry, it cannot be said that this decision goes against the fundamental right to access representative public positions under conditions of equality (article 23 of the Spanish Constitution). That is why he concludes that the decision of the Contentious-Administrative Chamber (Vacation Chamber) of the Supreme Court and the resolutions of the electoral administration that it validates “did not violate the aforementioned fundamental right.”
On the other hand, the Constitutional Court has unanimously inadmissible the PP’s challenge against the progressive magistrate Laura Díez in the appeal filed for the review of the null votes in Madrid.
The Second Chamber understands that the alleged facts are unrelated and are not likely to be part of the cause of challenge invoked by the PP, that is, having a direct or indirect interest in the case.
According to court sources, the Chamber will meet on Tuesday to decide whether to consider the PSOE’s appeal against the Supreme Court’s decision not to have a new recount of the invalid votes in Madrid, which could change the balance of the deputies by contributing one more to the socialists to the detriment of the popular ones.
The PP alleged that Laura Díez held a high position in the PSOE Government, working under the direct orders of Carmen Calvo and Félix Bolaños from February 4, 2020 to April 26, 2022 and remembers that she was appointed magistrate in the TC by the Sánchez Government itself, as well as the former minister Juan Carlos Campo.
For this reason, the PP considers that its interest in favoring the interests of the PSOE and Minister Bolaños constitute objective elements to fear for the lack of impartiality.
The TC has to resolve before Wednesday the merits of the appeal filed by the PSOE against the decision of the Supreme Court to reject its request to review more than 30,000 invalid votes counted in Madrid after the general elections and annul the proclamation of the leader of the PP Carlos García Adanero as elected deputy after the recount of the foreign vote (CERA) in that constituency that gave one more seat to the PP to the detriment of the PSOE.
If the TC were to uphold the PSOE’s appeal and in the new count achieved the lost seat, it would no longer need Junts’ yes in a possible investiture of Pedro Sánchez if the investiture of Alberto Núñez Feijóo, which is held on September 26, fails. An abstention would be enough, which would change the terms of the negotiation with Carles Puigdemont.
