Iustitia Europa has filed two new contentious-administrative appeals before the Supreme Court against two separate agreements of the Central Electoral Board (JEC) of November 5. In both proceedings, the organization requests the adoption of extremely urgent precautionary measures before the general elections of next November 29.
One of the proceedings challenges the agreement that allows using the digital ID (DNI) as a means of identifying voters in the elections of November 29. On November 5, the JEC lifted the suspension that affected this application, while it kept the one affecting MiDGT.
As Iustitia Europa explains, the decision is based on the guarantees provided by the Ministry of the Interior regarding the availability of QR code readers at polling stations. The organization considers that having these devices alone does not demonstrate that there is a complete procedure in place to resolve any incidents that may occur during identification.
Specifically, the appeal raises what would happen if the connection fails, the phone’s battery runs out, the reader stops working, or verification is not completed. It also questions who would have to decide how to act in each case and what instructions would guarantee a uniform response in all polling stations.
For these reasons, the organization requests that the Supreme Court suspend, as a matter of extreme precaution, the authorization of MiDNI as a means of electoral identification. Its president, Luis María Pardo, maintains that the availability of QR readers is not the same as having a complete electoral protocol.
The request regarding the electoral roll and the “Law of Nietos”
The second appeal refers to certain electoral roll entries related to the application of the Law of Democratic Memory and the instruction of October 25, 2022. Iustitia Europa asks to provisionally suspend their electoral effects while its regularity is checked individually.
The organization focuses its request on two situations: people who would have moved from the Electoral Roll of Absent Residents (CERA) to the Electoral Roll of Residents in Spain (CER) and certain entries of descendants included in Annex III of the instruction.
The controversy stems from an earlier procedure: on June 28, the organization filed a complaint with the Junta Electoral Central regarding the electoral consequences of these registrations. Subsequently, the Supreme Court adopted interim measures on September 10 in procedure 1013/2026, which were confirmed by an order of October 12 following appeals by the General State Administration and the National Statistics Institute.
Iustitia Europa argues that the census situations that it is now challenging could compromise the effectiveness of those measures. The Supreme Court considered that these issues were outside the scope of the initial appeal. The panel then went back to the Junta Electoral Central, which, by an agreement of November 5, referred the dispute to the pending judicial proceedings without resolving the substance of the requested checks.
The new appeal asks that the electoral effects of the affected registrations be suspended until their regularity is examined individually. The panel argues that its request is limited to those electoral effects and that it aims to preserve the effectiveness of the interim measures adopted previously.