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[POLITICS] · Spain · 6 sources

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Spanish Constitutional Court issues rulings on traffic fines and voting rights

The Spanish Constitutional Court has issued two significant rulings addressing different legal matters. In a unanimous decision, the Court rejected a question of unconstitutionality regarding fixed traffic fines raised by a court in Oviedo. The case originated from a driver contesting a 200-euro fine and the loss of four license points for running a red light, arguing that fixed penalties violate principles of proportionality. The Court ruled that the lower court failed to first establish the facts of the case, noting that if the driver's version of events were accepted, the fine would be voided without needing to challenge the constitutionality of the Traffic Law.

In a separate matter, the Court rejected an appeal by the Ombudsman regarding the suspension of voting rights for individuals naturalized under the ‘Law of Grandchildren’. The decision was reached by a 10-to-2 majority, dismissing the appeal as premature because ordinary legal channels had not been fully exhausted. However, two dissenting judges, Ramón Sáez and Juan Carlos Campo, issued a particular vote warning of ‘irreparable’ harm. They argued that the current doctrine should allow for appeals against precautionary measures when the violation of the fundamental right to suffrage is massive, persistent, and threatens to become irreversible in the immediate future.

Entities

Constitutional Court of Spain · Ombudsman of Spain