The TC admits to processing the PSOE's appeal to recount the null vote in Madrid on 23-J

The Constitutional Court has admitted to process the PSOE's appeal against the Supreme Court ruling that refused to review more than 30,000 invalid votes counted in Madrid in the general elections, a request made with the hope of being able to recover a seat lost in favor of the PP.

Oliver Thansan
Oliver Thansan
04 September 2023 Monday 22:24
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The TC admits to processing the PSOE's appeal to recount the null vote in Madrid on 23-J

The Constitutional Court has admitted to process the PSOE's appeal against the Supreme Court ruling that refused to review more than 30,000 invalid votes counted in Madrid in the general elections, a request made with the hope of being able to recover a seat lost in favor of the PP.

The Chamber understands that the appeal has special constitutional significance because the matter raised transcends the specific case by raising a legal question "of relevant and general social or economic repercussion."

Furthermore, he argues that the appeal may give the Court the opportunity to clarify or change its doctrine, "as a consequence of the emergence of new social realities."

Next, a procedural process is opened in which the parties and the Public Prosecutor's Office are given a period of time to present allegations. The Chamber will meet next week to decide on the merits of the electoral appeal.

The order has had the vote against the magistrates considered from the conservative wing César Tolosa and Enrique Arnaldo. The latter will formulate a particular vote.

The Constitutional Court must resolve before the 13th the merits of the appeal filed by the PSOE against the decision of the Supreme Court to reject its request to review these votes and annul the proclamation of the leader of the PP Carlos García Adanero as elected deputy after the recount of the vote (CERA) in that constituency that gave one more seat to the PP to the detriment of the PSOE.

It is the Second Chamber of the TC, with a presentation by the progressive Laura Díez, which must resolve the appeal in one direction or another and be able to consider the results final. If the PSOE managed to regain the seat, it would no longer need Junts' yes in a possible investiture of Pedro Sánchez if that of Alberto Núñez Feijóo, which is held on September 26, fails.

If the TC were to uphold the PSOE's appeal and win the seat in the new count, the terms of the negotiation with Carles Puigdemont would change in a certain way as they would no longer need his yes but only an abstention. For now, a possible amnesty law is on the table to close all criminal cases linked to the process.