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Monday, Mar 31, 2025

Spanish Constitutional Court Invalidates Puigdemont's Delegated Vote

Spanish Constitutional Court Invalidates Puigdemont's Delegated Vote

The ruling confirms the annulment of votes cast by the Catalan leader and a former councilor, affecting their participation in the regional parliament.
The Spanish Constitutional Court (TC) has unanimously annulled the delegated votes of Carles Puigdemont, the Catalan separatist leader, and Lluís Puig, a former government minister who is also evading Spanish justice, during the inaugural session of the Catalan Parliament.

This ruling partially upholds a challenge brought by the Popular Party (PP) against the decisions made by the parliamentary board that allowed their votes.

The court determined that the rights of PP deputies to fulfill their representative functions had been infringed, as well as the right of citizens to engage in public affairs through their elected representatives, as guaranteed by Article 23 of the Spanish Constitution.

The plenary session endorsed the findings of Judge Ricardo Enríquez, who clarified that the annulment does not affect the formation of the Catalan Parliament since the votes in question were not decisive for the legislative process to commence.

Therefore, the TC did not annul the overall voting results as requested by the PP.

This ruling echoes a previous decision from last June, when the court annulled a remote vote cast by Puig during the last legislative session following a complaint from the Socialist Party of Catalonia (PSC).

The TC reaffirmed this position in September in response to similar complaints by Vox and Ciudadanos regarding the same parliamentary board decision.

The court maintains that the authorization of delegated votes for deputies who have voluntarily placed themselves outside Spanish justice violates political representation rights.

While accepting the PP's appeal, the TC did not issue a precautionary suspension of the parliamentary board's decisions, reasoning that the two delegated votes did not influence the outcomes of the votes held on June 10.

The PP labeled the decision of the board to count the votes of both Puigdemont and Puig as "clearly unconstitutional" and decried it as a blatant disregard for the mandates of the Constitutional Court.

They argued that this action created an unacceptable scenario for the functioning of the Catalan Parliament by allowing the participation of individuals evading justice.

In their appeal, the PP emphasized that the board's choices were made without legitimate grounds and highlighted the political significance of these agreements, which are intrinsically linked to the establishment of the Catalan Parliament.

The PP viewed this incident as a continued effort to circumvent prior rulings of the Constitutional Court, asserting that the board accepted these delegated votes with full knowledge of their illegality, thereby undermining the representational rights of the deputies and citizens alike.
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