The party Iustitia Europa has requested the Supreme Court (TS) to suspend the general elections scheduled for next November 29, understanding that this measure is necessary to guarantee the effective execution of the precautionary suspension of the so-called 'grandchildren's law', agreed upon by the high court last month.
The petition is contained in a document in which the party argues that holding the vote, as it is set, would prevent preserving the effects of the current judicial resolution on the electoral roll.
The lawyer and president of the party, Luis María Pardo, states that “the democratic legitimacy of representative institutions requires that the formation of the electoral will occur in accordance with the legal system and current jurisdictional resolutions that directly affect the effects of the census.”
In his argument, Luis María Pardo insists that the Administration has declared “the material impossibility of executing that suspension within the general election calendar,” and adds that holding the vote “would consummate the electoral effects whose delimitation and suspension precisely constitute the object of the agreed protection.”
The State Attorney's Office and the CERA
The document from Iustitia Europa is based on the considerations set forth by the State Attorney's Office itself, which this Thursday indicated that “it is 'materially impossible to certify in a reasonable period of time' which of the 168,896 concerned files respond to the specific case determining the precautionary measures.”
In the same document, the State Attorney's Office added that “either all Spaniards registered in the Electoral Census of Absent Residents (CERA) are suspended -- since the data held therein are, globally, those of Spaniards without any distinction -- or none are suspended, because it is materially impossible to distinguish one from another in the very brief period of time available.”
The State Attorney's Office also added that, in the CERA, it is not possible to discern within the deadlines set by electoral law between those who acquired nationality under the 'grandchildren's law' and “those who are Spanish for other reasons.”
For Luis María Pardo, the vote “must be held under conditions of guarantees in the full effectiveness of the current judicial resolution,” which is why he understands that the suspension of the electoral process “constitutes the adequate response to the material impossibility declared by the State.”
In his proposal, this decision would allow, according to the party, to preserve the resolution of the Supreme Court that halted the 'grandchildren's law', the objectivity of the census, and the democratic legitimacy of the representative institutions resulting from the process.