La nueva redacción del artículo 205.1 de la Ley orgánica del régimen electoral general: una reforma inconstitucional
Article Sidebar
Main Article Content
This study analyzes the special rules for the constitution of Provincial authorities (diputaciones provinciales) in the case of having to re-hold local elections. These rules were enacted by the amendment of section 205.1 of Organic Law 2/2011, of 28 of January, of General Elections. The present article describes scholar and caselaw precedents of this amendment with the aim to explain the complex debate that underlies this area. The article will conclude that this amendment is unconstitutional because, firstly, it infringes the right to vote and to be elected of city councilors and, secondly, it is incoherent with the provincial electoral system. Moreover, the article explores possible alternatives that are legally more accurate to solve the controversy which the legislative amendment intends to overcome.