Electoral Law and Process in Spain: A Comprehensive Study

Posted on Dec 13, 2024 in Law & Jurisprudence

Item 22. Election of the Courts General

1. Introduction

The Parliament is the most central organ, defining the form of government established by the Constitution, which is precisely a form of parliamentary government.

The most prominent feature of our electoral law is its extensive constitutionalization; many of its basic principles and contents are listed in the text of the Constitution.

2. The Electoral System

These are the elements of electoral law that determine voting behavior and outcomes.

There is a fairly broad doctrinal consensus in considering that the electoral system is defined by the following rules:

  • The instruments of expression of the vote “ballots.”
  • The electoral formula, i.e., the method of allocation of seats.
  • The constituencies, i.e., geographic units for the computation of votes and allocation of seats.

3. Administrative Aspects of Electoral Law

Pay attention to the administrative aspects of elections, which are essential to ensure their consistency and, ultimately, their credibility, whatever the electoral system.

The main administrative instruments are:

  • The Electoral Roll: A public record of those eligible to vote.
  • The Electoral Process: The set of actions to be performed so that elections are carried out correctly.
  • Election Administration: It is an administration whose structural characteristics answer the following:
    • Independence: From the respective executive and legislative authorities.
    • Judicialization: The incorporation of judges into the work of the Electoral Administration in Spain has a long tradition, dating back to the time of the Restoration.
    • Timeliness: With the exception of the Central Electoral Board, which is a permanent body, the organs of Election Administration exist only for limited periods of time.
    • Hierarchy: Like all administrations, the election administration is also a hierarchical structure, in which governing bodies can direct the activity of those below through instructions.

4. The Initial Phases of the Electoral Process

We highlight four initial phases of the electoral process:

  1. The call for elections to Parliament (it is a faculty of the Head of State regulated in LOREG, which distinguishes two kinds of calls: the first, early dissolution of the Parliament, and the second, the end of the mandate of the Chambers).
  2. The appointment of representatives and administrators of the parties and candidates.
  3. The presentation and the proclamation of candidates (occurring between days 15 and 21 after the call).
  4. The election campaign (lasts 15 days and ends at 0 hours the day before the vote).


5. Execution and Final Stages of the Electoral Process

  1. Voting: The electoral phase of the proceedings and also the most complex. The ordinary mode of voting is to be exercised personally by the voter at the polling station allotted to him, but voting by correspondence is also provided for.
  2. The Scrutiny and Declaration of Elected Officials: This makes up the final phase of the electoral procedure. There is an indissoluble link between the two acts, as the proclamation is not simply a consequence of the vote.

6. Jurisdictional Guarantees of Electoral Rights

Our electoral law guarantees the following courts:

  • Judicial review of administrative acts in connection with the formation of the electoral roll: courts of contentious-administrative jurisdiction.
  • Administrative appeal (ordinary or preferential and summary) against acts of electoral administration.
  • Special appeal against the proclamation of candidates, regulated by the LOREG. It is also an administrative appeal.
  • Contested elections, which is the main procedural way for judicial supervision of elections. Its basis lies in the very constitution; Article 70.2 provides that the validity of the credentials of members of both Houses shall be subject to judicial control, under the terms established by the electoral law. The electoral dispute is also a variant of the special administrative appeal. In any case, it is imperative that the Court expresses the logical process that leads it to appreciate the alteration of the result as a consequence of the defects and irregularities.
  • Amparo before the Constitutional Court, for the protection of the rights of active and passive suffrage derived from the systematic placement of the constitution. This additional jurisdictional guarantee system is unmatched in comparative law because where the Constitutional Court has been attributed to control the elections, the courts have been excluded from this task.

7. Costs and Subsidies of Elections

The LOREG sets up a system of control of expenditure incurred by political formations for their participation in the elections, which consists of a series of organizational requirements and formal quantitative limitations.