The Spanish Supreme Court has unanimously dismissed an appeal from Prime Minister Pedro Sánchez against a sanction imposed by the Central Electoral Board (JEC) for violating institutional neutrality.

The decision stems from an incident during a press conference held at the Spanish Permanent Representation to the EU in Brussels on June 30, 2023, just days before the national election campaign commenced.

The Prime Minister had leveraged his attendance at a EU Council meeting to promote his administration's achievements and criticize the opposition People's Party (PP).

This ruling marks the second time the Supreme Court has affirmed a decision against Sánchez for breaching electoral law.

The previous ruling in May 2021 endorsed a €500 fine imposed by the JEC for an instance in 2019 when Sánchez used the government palace for an electoral interview, which was subsequently hosted on the official website of the Prime Minister’s office.

The current penalty, upheld by the Supreme Court, amounts to €2,200.

The JEC stated that it is strictly forbidden to use institutional resources in a partisan manner to favor a specific political faction.

During the Brussels press conference, Sánchez compared government agreements between the PP and Vox in regions like Valencia and Extremadura to potential national deals, describing them as setbacks.

The PP lodged a complaint about the breach of electoral regulations, triggering an investigation that resulted in the sanction.

The JEC cited that Sánchez's comments following the EU Council meeting breached the prohibitions in Article 50.2 of the electoral law, which mandates that public officials must maintain neutrality and refrain from highlighting achievements or campaigning against electoral opponents during the election period.

This regulation serves to assure that public officeholders act in service of all citizens, prohibiting misuse of institutional resources for partisan benefit.

Such misuse, according to the electoral board, undermines the equality required under Article 23.2 of the Spanish Constitution in exercising the right to suffrage.

In addition, the JEC stressed that arbitrary use of public resources for a specific political party harms equal conditions amongst competitors, thus discrediting the dignity associated with public office.

This stance has been rigorously upheld by the Supreme Court in past decisions.

Furthermore, Sánchez received a third sanction from the JEC in July 2023, which involved a €1,500 fine.

This penalty was associated with public endorsements of the Socialist Candidate Salvador Illa during a press conference in Doha, coinciding with the Catalan election campaign.

This incident, reported by the Republican Left of Catalonia (ERC), followed similar concerns regarding institutional neutrality.