The Illegality of Electronic Voting in Trade Union Elections: The Need for an Interpretation Beyond the Literal Wording of the Law

Commentary on Supreme Court Ruling 102/2025, of February 5

Abstract

The judgement analysed rejects the possibility to establish a telematic voting procedure in the ballots for workers’ representatives. Such rejection is not related to the suspicions that the legal requirements and guarantees regarding the casting of the vote (free, secret, personal and direct vote –art. 75.2 Workers' Statute–) could be ignored, but to the fact that its admission would contravene the face-to-face nature -in the establishment or workplace- that it must have, with the only exception of voting by mail. The Supreme Court reaches its controverted conclusion, arguing that the literal wording of the rule leaves no room for doubt to the interpretation. The Court also declares that the legislation in force cannot be described as "archaic" or "outdated" since it dates from Legislative Royal Decree 2/2015, of 23 October, and the lawmaker has not modified it, despite the various opportunities in which he could have done it.