Post by account_disabled on Jan 18, 2024 10:40:03 GMT
However, the explanatory memorandum of LO 3/2011, of January 28, expressly illustrates "(...) it is considered advisable to reform certain precepts of the electoral law to prevent illegal political formations or those who justify or support terrorist violence from using new ways to, fraudulently, participate in future electoral processes and obtain institutional representation (…)” Therefore, it says nothing that its purposes are to guarantee other than the prevention of those guilty of crimes against the democratic system from being eligible. Should this provision then be understood in conjunction with Organic Law 4/1988, of May 25? On this matter, and its relationship with article 384 bis LECRIM, we will delve deeper when we focus on the violation of art. 24.2 EC.
Likewise, continuing with the Civil Code, this interpretation is given to article 6.2. b) LOREG ignores the rule of article 4, which requires not to apply criminal laws to cases other than those expressly included in them . The aforem Whatsapp Number List entioned interpretation, accepted both by the ruling of the Administrative Litigation Court and by the rulings of the Supreme Court, referring to “extra-criminal” effects, implies ignoring said principle, since it cannot be argued that we are talking about different effects, since the LOREG states exhaustively that the ineligibility of article 6.2 b) LOREG will operate “in the terms provided for in criminal legislation”, which, necessarily, must be those in which the resolution has become final. On this point we will also insist on the development of the violation of art. 24.2 EC.
Criminal laws cannot be applied to cases other than those expressly included in them. (Photo: E&J)
Let's look more closely at the case at hand.
As a summary, we must point out that the Spanish legal system groups the causes of ineligibility of article 6 LOREG in three ways :
a) causes to avoid the advantages derived from the exercise of certain positions and, therefore, to guarantee equal opportunities (required by article 23.2 CE and by article 8.1 LOREG;
b) causes to guarantee the political neutrality of certain positions (presidents and members of constitutional bodies and institutions), the exercise of certain public functions or personal circumstances (members of the Spanish Royal Family and their spouses); and
c) causes to ensure the transparency and objectivity of the electoral process (article 8.1 LOREG), which requires the ineligibility of members of the Electoral Boards and senior officials of the Electoral Census Office.
Likewise, continuing with the Civil Code, this interpretation is given to article 6.2. b) LOREG ignores the rule of article 4, which requires not to apply criminal laws to cases other than those expressly included in them . The aforem Whatsapp Number List entioned interpretation, accepted both by the ruling of the Administrative Litigation Court and by the rulings of the Supreme Court, referring to “extra-criminal” effects, implies ignoring said principle, since it cannot be argued that we are talking about different effects, since the LOREG states exhaustively that the ineligibility of article 6.2 b) LOREG will operate “in the terms provided for in criminal legislation”, which, necessarily, must be those in which the resolution has become final. On this point we will also insist on the development of the violation of art. 24.2 EC.
Criminal laws cannot be applied to cases other than those expressly included in them. (Photo: E&J)
Let's look more closely at the case at hand.
As a summary, we must point out that the Spanish legal system groups the causes of ineligibility of article 6 LOREG in three ways :
a) causes to avoid the advantages derived from the exercise of certain positions and, therefore, to guarantee equal opportunities (required by article 23.2 CE and by article 8.1 LOREG;
b) causes to guarantee the political neutrality of certain positions (presidents and members of constitutional bodies and institutions), the exercise of certain public functions or personal circumstances (members of the Spanish Royal Family and their spouses); and
c) causes to ensure the transparency and objectivity of the electoral process (article 8.1 LOREG), which requires the ineligibility of members of the Electoral Boards and senior officials of the Electoral Census Office.