Sunday, October 17

A divided Constitutional Court leaves Cantó and Conde out of Ayuso’s lists




The First Chamber of the Constitutional Court has decided to dismiss the appeal filed by the Popular Party for the expulsion of Toni Cantó and Agustín Conde from the list headed by Isabel Díaz Ayuso for the elections in Madrid on May 4. They stay like this, out of the candidacy.

The decision has gone ahead with a divided Constitutional Court and it has been the casting vote of the president, Juan José González Rivas, who has tipped the balance. in favor of the progressives Cándido Conde-Pumpido and Maria Luisa Balaguer, who chose to dismiss the appeal.

Meanwhile, the conservative magistrates Andrés Ollero, Santiago Martínez-Varés and Alfredo Montoya, They were favorable to admit the postulates of the PP and have announced the presentation of particular votes that will be known, as well as the content of the resolution in the coming days.

In line with the criteria of the Prosecutor’s Office, the High Court chooses to dismiss the appeal of the popular, thus endorsing the decision of the Contentious-Administrative Court number 5 of Madrid that agreed to separate them by not complying with the registration requirements prior to closing census, set on January 1, 2021.

Understand that by making this decision, that court did not violate the rights of the formation or its two candidates which protects Article 23 of the Constitution, according to which “citizens have the right to participate in public affairs, directly or through representatives, freely chosen in periodic elections by universal suffrage” and to “access under conditions of equality public functions and positions, with the requirements established by law ”.

The registration requirement

The ‘popular’ decided to go to the court of guarantees claiming that it is not «true that there is a registration requirement prior to the closing of the census “, to be able to aspire to the election in elections, an end that, according to what they affirmed,” has never been required until this case.

In their appeal, they thus challenged “the restrictive interpretation of the fundamental right to political participation” made by the trial judge when resolved in favor of the PSOE against the resolution of the Central Electoral Board that he had validated Ayuso’s list in which Cantó and Conde appeared, because he understood that they could not appear as they had not registered in Madrid on time.

For the ‘popular’ it was “a restrictive requirement not covered by law or doctrine” and they went to the Constitutional Court when they saw fundamental rights of political participation violated. The Court admitted the appeal for amparo on April 13 on the understanding that there was “a special constitutional significance” in the matter and it affected “a facet of a fundamental right on which there is no doctrine.”

The next step was the processing of allegations, to which the Prosecutor’s Office replied with a letter in which it requested the First Chamber to dismiss the appeal of the PP. In the same line that it maintained in the administrative litigation, the Public Ministry understood that it is a mandatory requirement in the legislation to be registered in Madrid in a timely manner to be able to attend the elections and neither Cantó nor Conde complied with it.

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