The Constitutional Court has rejected the appeal filed by Ciudadanos against Carles Puigdemont’s candidacy for the May 12 elections, because his DNI had expired.
The Second Chamber of the Constitutional Court is not going to enter into the merits of the appeal given the absence of a violation of a fundamental right that can be protected by protection. The Chamber does not appreciate the violation of the fundamental right of access under equal conditions to elective public positions of the appellant candidacy, which denounced the lack of registration in the Electoral Census of Residents-Absent of Carles Puigdemont, even though his residence in Belgium was known. .
As has been held in other rulings of the court, the legal channel for parties, federations or electoral coalitions to challenge possible irregularities produced by the Census is, administratively, the claim before the Electoral Census Office and, judicially, the contentious-administrative jurisdiction through the special process of jurisdictional protection of fundamental rights.
In this case, Ciudadanos did not use such means. Regarding the alleged legal incapacity of the candidate Carles Puigdemont to be eligible given the expiration of his national identity document, the Chamber notes that the appellant candidacy had the possibility of making this fact known when the Court transferred the parties to the file. administrative.
By not doing so, this failure to invoke the complaint through the judicial system prevents its prosecution as a result of the appeal for electoral protection raised.
