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The Ombudsman dismisses appeal against the reform of the Electoral Act

The Ombudsman shall not pursue a constitutional challenge "to find no sufficient basis." After dismissing the claims of various associations of migrants, the fight against exclusion residents absent from the municipal elections and the obligation to pray the vote has only one letter: the Canarian Government's decision to bring this action before the Constitutional.

Meeting of the members of the Platform with the Deputy Ombudsman in December.

In its report, the Ombudsman considers that the decision to link the municipal vote in the criterion of 'neighborhood' is not a violation of the principle of equality enshrined in the Constitution in Article 14. Remember that as a sentence Constitutional Court in 1999 stated that the suffrage is exercised by voting 'in the terms set by law and regulates the exercise', or what is the same: that 'the right to participate is a (...) legal right to own 'and are the legislators themselves who must decide how to exercise this right.

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Contrary to the thesis of migrant associations, the report notes that 'the consideration of articles 13.2 and 23 of the Constitution can not be inferred that rights of political participation and vote should be attributed English all in all elections ', but' for the legislature to determine the specific requirements to be met by holders for each type of election. "

Regarding the decision to link the municipal vote in the residence, the report points out Article 140 of the Constitution, which states that "members of statutory corporations are elected by residents through (...) universal suffrage in the manner prescribed by law 'and therefore' is the criterion of neighborhood, not the nationality, which the Constitution relates to the vote in municipal elections. " In this vein, the report says 'So far, establishing a legal fiction neighborhood' of migrants' to attribute the right to vote. " The Ombudsman believes that this reform meets' evidence that, in general, non-resident citizens may have less knowledge of the problems affecting the community. "

However, The report notes the 'inconsistency' of the reform of the Loreg with the recently adopted Statute of the English Citizenship Abroad, which recognized the Diaspora the right to vote and stand for each and every one of the elections under the same conditions that residents in Spain. "

prayed Voting: The application of the franchise does not mean inequality with residents

migrant associations had also asked the Ombudsman to claim against the vote prayed, they consider 'an infringement of the constitutional principle of equality. " However, the response of the organization supports the decision made in Congress, because it indicates that this equality 'is only violated if the inequality appears devoid of objective and reasonable justification. " According to this institution, "the residence is a differentiator with apparent legal significance in regulating the conditions and requirements for voters to participate 'and insists that' all democratic electoral systems differentially regulate the vote of the residents in the state and those who reside abroad '.

From the Office of the Ombudsman is also justified the requirement to attach the application with a copy of the documentation of voter because of the need to correctly identify the electors, and recalls that "the electors in the territory National necessarily be identified before casting their vote ", either on a table or by mail. The Ombudsman considers that although the new mail voting process may involve "some discomfort", the requirement to attach the identification document "does not violate the principle of equality."

Platform: Fighting continues Loreg

Platform Speakers' regret a decision that legitimizes the deterioration of fundamental rights of English nationals living abroad 'and remember that the constitutional complaint had also been requested by other organizations and private individuals 'Now can not feel more than disappointed. "

For Platform Coordinator, Gabriel Gaso, now have to wait for the Canarian Government, as stated publicly by its President in more than one occasion, present a constitutional motion before the Constitutional Court.

The Platform reaffirms its intention to continue fighting to stop anti-democratic reform to go ahead in the coming days examine the measures and actions to be undertaken in defense of the rights of English abroad. Bernardo Castillo, a coordinator of the Platform, recalled that Congress also heard voices against the reform. In this regard, he noted that 'CC and IU had filed constitutional complaint if they had received the necessary 50 MPs. "

Source: International Region