Postponement of elections and extension of the parliamentary term in case of a state of alarm, exception or siege
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Abstract
The declaration of the state of alarm in 2020 led to the cancellation of the regional elections of Galicia and the Basque Country without any legal basis to do so. The presidents of both Communities created, through some unusual decrees, an anomalous constitutional situation in which there is neither an electoral process underway, nor a fully functioning Parliament. The same measure was attempted in Catalonia in 2021, but was annulled by the High Court of Justice. These developments prompt us to examine the constitutional problems of a neglected hypothesis: the coincidence of an electoral process with a state of emergency. This paper analyzes the solution adopted in these three Communities and compares it with other possible options for postponing elections, in order to draw lessons for the future.
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This work is licensed under a Creative Commons Attribution 4.0 International License.
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