Electoral Proclamation Challenges and Taking Office
Electoral Proclamation Challenges
The complaints and protests are a necessary procedural action to access the electoral dispute. The purpose of this resource is outlined in art. 109 LOREG, which allows for judicial review based solely on the acts by which the Electoral Board proclaims elected officials, and acts of the City Councils and County Councils declared by their respective Presidents.
During the litigation, the review cannot be extended. Therefore, a general review of the Electoral Administration’s activities over the electoral process is not encouraged because each administrative act has a channel for complaints and a deadline for submission. After this, the process consists of preclusive phases.
As with the administrative process, the courts cannot automatically start and should act upon the notice of filing. It cannot be ruled out that they can issue a statement that had not been requested under the requirements of accuracy and transparency of the electoral process as an expression of popular will.
This process must respect the principles of preferential and summary, which is achieved by setting tight deadlines for the submission of the application, hearing and arguments of the parties, trial, and sentencing.
The competent bodies for knowledge will be the Division of Administrative Litigation of the Supreme Court for general elections and the European Parliament. For local and regional elections, it will be the administrative litigation of the respective High Court.
The qualification to bring the action is held by the candidates proclaimed or not, representatives of candidates, and also parties, federations, coalitions, and partnerships.
The appeal must be filed within 3 days of the act of proclamation of the elect.
The letter was submitted to the Election Board, which made the proclamation of elected officials, or before if recurring JEZ election and proclamation of the President of Local Corporation. The Board shall refer the dossier and writing to the competent Chamber and notify the representatives of all candidates who had attended.
The term shall not exceed 5 days, after which the Board proceeded to sentencing within 4 days.
The STC may allow or refuse. If it is upholding, it may contain the following statements:
- Nullity of agreement proclamations of one or more elected officials and proclamations of those to whom they are due.
- Invalidation of the election held on those tables affected by disabling events and the need for a new call within 3 months from the sentence.
The sentence is immediate, notifying all concerned and communicated to the competent electoral board for immediate compliance.
The amparo elections must be about the regularity of the electoral process, limiting the inquiry into its correction and determination of whether the fundamental right to political participation could be affected. But you can also check whether the interpretation of legality configurations has been carried out by the courts secundum constitutionem and assess where mistakes, correct the election result.
This appeal is requested within 3 days to record the notification of the sentence passed on the appeal, which is electoral and resolved in 15 days using the rules of procedure with the Agreement.
The standing to bring a constitutional complaint has it all natural or legal person claiming a legitimate interest and the Ombudsman and the Public Prosecutor: it is not enough to have been party to the prior court proceedings, but will bear a legitimate interest.
If the demand were estimated to contain one of the following:
- Declaration for revocation of the decision, act, or resolution that would have prevented the full realization of the right to equal access to public office, determining the extent of its effects. If you declare the nullity of the act of proclamation of elected officials, quash the sentence is confirmatory act, you can also declare only partial invalidation, in which case the sentence shall specify what the extent of its effects.
- Reinstatement of the appellant in the integrity of their right to be proclaimed elected.
This electoral amparo, in practice, has become a review body in any court decision.
Taking Up Office
Art. 108.8 of the LOREG states that to gain full status as elected officials, candidates must complete the requirements of the respective laws or regulations, in addition to swearing or promising to comply with the Constitution.