Madrid is no country for «carpetbaggers» Commentary on the Constitutional Court Judgement of the 76/2021, of april 15. Concerning the appeal for legal protection num. 2117-2021. (BOE num. 119, of may 19, 2021).

Abstract

This ruling resolves an appeal for electoral protection that addresses the requirements of candidates for the regional elections of the Community of Madrid. The controversy centers on the existence or not of the requirement of registration of the candidates in the current electoral register, in addition to the necessary administrative neighborhood. The set of the different normative provisions and the diverse interpretations, made by the electoral Administration and the judicial body of instance, shows to what extent the right to passive suffrage, as a right of legal configuration, requires continuous interpretation and updating. The decision of the Constitutional Court, much disputed, reflects a formalistic reading that leaves little room for electoral operators