The Constitution Supports Sanctions Imposed By The Election Commission During The Election Campaign

2021-01-28   |   by CusiGO

The constitution supports the ability of the Central Election Commission to impose sanctions during the election campaign, and rejecting existing regulations may undermine legal certainty. It was the Supreme Court itself that raised the issue of unconstitutionality with the court of guarantee, arguing that the drafting of the current law might give the Committee too much room for sanctions.

The judge of the dispute chamber of the Supreme Court raised the issue in an appeal by the former director of ABC bieito rubido, who was fined 1000 euros by the election committee for his extensive interview with the citizen leader in é s arrimadas on citizen reflection day and his phone call on the cover. In the autonomous election of Catalonia in 2017, alimadas will take part in the presidential election of Catalonia government as a CS candidate, which is the most popular one in the future.

The constitutional judge, Juan Antonio xiol, voted against it; he argued that the day of reflection before the vote must be abolished in the election call. The vice president of the constitution, Mr. carnacion Roca, and judge Maria Luisa Balaguer, announced their affirmative votes. They will advocate further amendment and clarification of the electoral law in the future without opposing the majority decision.

In rubido’s appeal against the fine, the Supreme Court held that the general electoral Organization Act (loreg), currently drafted, had very broad general rules and did not specify the types of conduct that might involve sanctions. He also asked the constitution whether the rules could be considered a violation of the rights recognized in the Magna Carta, as the former director of ABC himself explained in his appeal to the Supreme Court. In short, before rubido is adjudicated, the dispute judges want to ensure that the rules they will apply are fully constitutional, and to this end propose procedures envisaged as unconstitutional issues in order to ensure clarification by the court.

The decision passed by the constitutional court, with judge C á ndio Conde pumpido as the reporter, held that the sanctions against the former director of ABC obviously violated the provisions prohibiting the dissemination of election propaganda on reflection day, and neither violated the principle of legality nor legal certainty, Whether it’s freedom of information or journalists’ presumption of innocence. In any case, the negative vote against xiol and the simultaneous vote of Balaguer and Roca debate the administration of the campaign and the power of the Central Election Commission in the constitution. In this regard, during the trial of the court of guarantee, a remote but undeniable assumption was made that any decision that violates the sanctions capacity of the committee could have complex consequences, If the procedure leading to the disqualification of former Catalan President quim tora was subsequently questioned, he rejected the Commission’s order to remove a flag in favour of prisoners from Palau’s Government balcony during the election campaign.