The TC will study today Díez's presentation that proposes rejecting the count of null votes requested by the PSOE

The Prosecutor's Office also requests that the appeal be rejected considering that there is no right to recount "based on mere will"

MADRID, 11 Sep. (EUROPA PRESS) -

The Constitutional Court (TC) will meet urgently at 9:00 a.m. this Tuesday to study the presentation of Judge Laura Díez, who proposes rejecting the PSOE's request to review the null votes of July 23 in Madrid, a criterion with which the Prosecutor's Office agrees, considering that there is no right to recount "based on mere will", according to sources from the court of guarantees consulted by Europa Press.

It is worth remembering that, in his presentation regarding whether or not to admit the electoral protection to be processed, Díez opted to proceed with it, a decision that had the support of the other three progressive magistrates that make up the Second Chamber and with the rejection of the two conservatives. The sources consulted downplay the importance of this shift, emphasizing that mere admission for processing is one thing and the substance of the matter is another.

The judges of the Second Chamber will deliberate on this presentation this Tuesday after having unanimously rejected on Monday the PP's request to remove Díez herself from the matter. The 'popular' argued that she should not participate in the debate as her appearance of impartiality was harmed by having been in charge of Moncloa, but the TC has ruled that the facts have no relation to the case.

In a private opinion, to which Europa Press has had access, the magistrate of the conservative wing Enrique Arnaldo defends that the Organic Law of the General Electoral Regime (LOREG) does not recognize "a supposed general and unconditional right to review unprotested null votes in the act of general scrutiny".

Along the same lines, other voices from the court of guarantees consulted by this news agency understand that the LOREG does not allow recounts to be carried out without there being indications of irregularities. Furthermore, they warn that, if the TC finally agrees to the PSOE's request, a dangerous precedent will be set, since it will open the door for any party to request a recount when it is dissatisfied with the electoral result.

The chief prosecutor of the TC, Pedro Crespo, agrees with these voices and assures - in the writing to which Europa Press has also had access - that this is a matter that is not "trivial" because "an absolutely open conception" of the law of review - such as the one proposed by the PSOE - "could facilitate its widespread use in the event of an 'adjusted' electoral result at the national level."

Thus, the Public Ministry is interested in rejecting the appeal of the Socialist Party against the decision of the Supreme Court (TS) to reject its request to review some 30,000 invalid votes from the general elections of July 23 in the province of Madrid and to annul the proclamation of PP leader Carlos García Adanero as elected deputy.

Crespo insists that the previous pronouncements of the TC "do not allow us to recognize the existence of an unconditional right, based on the mere expressed will of the interested parties, to the review by the Electoral Boards of the votes declared null and not protested, nor to maintain that such "This supposed right is part of the essential content of the fundamental right to access representative public positions under conditions of equality."

Therefore, he understands that the Supreme Court's decision does not violate the fundamental right of socialists. The TC prosecutor considers that the PSOE's argument that its right to access representative public positions under equal conditions has been violated "lacks the slightest argumentative development and, what is more decisive, the slightest factual and evidentiary support." ".

This position of the TC Prosecutor's Office differs from that defended by the Supreme Court Prosecutor's Office last August, when it presented its allegations regarding the socialists' appeal to the high court. On that occasion, the Public Ministry was in favor of carrying out a new general scrutiny in the province of Madrid for "the review of all null votes" because it was "susceptible to affecting the electoral result."

The invalid ballots that they now ask to review allowed the PP leader Carlos García Adanero to be proclaimed as an elected deputy, thus "cutting off" the possibility of the socialist Javier Rodríguez Palacios taking the seat, according to the PSOE.

If it gets one more seat, the PSOE would have an easier time with a hypothetical investiture of Pedro Sánchez because it would no longer need the vote in favor of Junts, but an abstention from Carles Puigdemont's party would be enough.

The Socialist Party went to the Constitutional after the Supreme Court (TS) considered that "the mere numerical difference in the results that are adduced in this case (1,200 votes) is not a sufficient basis for the review."

The magistrates of the Vacation Chamber of the TS understood that the PSOE did not comply with the requirements set by the Constitutional itself because "arithmetic data or solvent statistical calculations had not been provided to verify, even hypothetically, the relevance of the vote review in the final result and in the attribution of the contested seat".