Advancing in the delimitation of telematic voting: the saga continues with a new trilogy Commentary on constitutional Court Judgement 86/2024, of June 3rd. Amparo appeal no. 2875-2023 (BOE no. 164, of July 8th, 2024); 109/2024, of September 9th. Amparo appeal no. 5062-2023 (BOE no. 247, of October 12th, 2024); and 110/2024, of September 9th. Amparo appeal no. 5084-2023 (BOE no. 247, of October 12th, 2024)

Abstract

The purpose of this commentary is to analyze three rulings of the Spanish Constitutional Court that are part of the saga initiated by the highest interpreter of our Constitution on telematic voting, and that help to delimit and outline the limits of telematic voting. The three rulings settle three appeals for constitutional protection (amparo) arising from a single agreement of the Catalan parliamentary board, which rejected three reconsiderations that disputed the validity of two agreements of the board, which established a transitional regime for telematic voting and the authorization of telematic voting to a deputy, who was on the run from justice, in the application of the previous agreement. To settle these cases, the Constitutional Court applies
its jurisprudence on telematic voting established in Rulings such as 65/2022, of May 31, however, it carries out an inductive reasoning that we believe is not entirely correct. Likewise, it misses the opportunity to update or ratify its jurisprudence with respect to fundamental issues such as the relationship between the Regulations and the interpretative rules thereof.