The fourth section of the Constitutional Court (TC) decided this Monday to refer to the Plenary the admission of the appeal for protection filed by the Ombudsman against the suspension of the right to vote for people naturalized by the Democratic Memory Law, a decision that had been agreed by the Supreme Court.
Legal sources have informed EFE that the decision was adopted unanimously by the three magistrates of the fourth section of the high court, who considered that, given the importance of the matter, it is up to the Plenary to rule on the admission of the appeal and on the request for a very urgent precautionary measure raised by the institution headed by Ángel Gabilondo.
The TC Plenary will decide on the admission and the very urgent precautionary measure
The Constitutional Court will therefore have to resolve not only whether to admit the appeal for processing, but also whether to accept the Ombudsman's request that, without previously hearing the parties, the precautionary suspension of the right to vote of those naturalized by the so-called grandchildren's law, agreed by the Supreme Court, be lifted.
The same sources indicate that, foreseeably, the Plenary will address both issues this Wednesday, in a deliberation that will take place after the fourth section has transferred the case due to the constitutional relevance of the question raised.
The appeal filed by the Ombudsman
The Ombudsman filed an appeal for protection last Friday before the TC against the suspension of the right to vote for people naturalized by the 'grandchildren's law'. Ángel Gabilondo's institution has also requested very urgent precautionary measures so that these people can exercise their right to vote in the elections on November 29.
Likewise, the appeal asks the court of guarantees to rule on the Supreme Court's interpretation regarding the suspension of the fundamental right to vote of Spanish citizens naturalized under the so-called grandchildren's law.
The Supreme Court's decision and the scope of the suspension
The Ombudsman has filed this appeal "after having analyzed the decision of the Administrative Chamber of the TS last Monday, October 12, when it confirmed maintaining the suspension of voting for people naturalized by the aforementioned Law, so that they can, if they wish, exercise their right to active suffrage in the next general elections."
That same day, the high court decided to maintain the precautionary suspension of the right to vote of those naturalized by the grandchildren's law, a measure that affects 163,020 people who will not be able to vote next November 29, unless consular offices certify that they are descendants of exiles.
