Unconstitutionality of the minimum threshold of the sanction provided for exceeding the limits of electoral expenditure Commentary on Constitutional Court Judgment 69/2024, of April 24. Concerning the Question of Unconstitutionality 52026-2023 (BOE num. 131, of May 30, 2024)

Abstract

Judgment 69/2024 declares the unconstitutionality and nullity of the minimum sanctioning thresholds established in article 17 bis of Organic Law 8/2007, of July 4, on financing of political parties (LOFPP), which refer to the infraction imposed upon the surpassing of limits to electoral expenses by political parties provided for in Organic Law 5/1985, of June 19, on the Electoral Regime General (LOREG). The Plenary Session of the Constitutional Court considers the question of unconstitutionality raised by the Contentious-Administrative Chamber of the Supreme Court, finding that the aforementioned minimum thresholds, provided for in article 17 bis of the LOFPP, violate the principle of legality in sanctioning matters established in article 25.1, in relation to articles 6 and 23.1, of the Constitution