The decision of the president of the government, Pedro Sánchez, to dissolve the Cortes before the election results, which led to the defeat of his party, is within limits of the constitution, which establishes a requirement that it The decision should be taken by the Council of Ministers after deliberations. It isn’t until this afternoon when Sanchez plans to meet with his cabinet, that he will have something to say about the disruption. Then, the question of forms.
Article 115 of the Magna Carta states that “the President of the Government shall, after consultation by the Council of Ministers, and under his sole responsibility, Can propose the dissolution of Congress, the Senate or the Cortes General, which will be decided by the king. The decree of dissolution will set the date for the election. The same principle establishes that a motion for dissolution cannot be presented while a motion of censure is pending and that “except as provided in article 99, section 5, a fresh dissolution shall not proceed before one year past”. . That article provided that “if after a period of two months, by the first installation vote, no candidate has obtained the confidence of the Congress, the King shall dissolve both Chambers and call new elections with the support of the President of the Congress”.
exactly the last time the Cortes was dissolved under that section 99.5 It was June 3, 2016. The king signed a decree dissolving the Eleventh Legislature and elections were called for 26 June. On 2 May, two months had passed since the first vote of the failed investiture of Pedro Sánchez. The following dissolution decree dates from March 4, 2019, also by Sánchez, who called an election for April 28 of that year after failing to obtain the necessary support to approve a normal state budget.
the countdown begins
Dissolution must always be executed 54 days before the day of celebration of the new general election. This will not happen until Tuesday, after the formalization of the dissolution of the Cortes in the Council of Ministers, when the royal decree is published in the BoE, and Let the countdown begin on July 23rd.
The list of candidates should be submitted to the Electoral College within a period of 15 to 20 days. If the parties present themselves in a coalition, this period is reduced by 10 days.
The law establishes that 28 days after the election call, the BOE Publish the definitive announcement of the candidates And ten days later the election campaign begins, which will last for fifteen days.
When these elections are held in the summer, it is anticipated that requests for vote by mail will increase, a process that may be requested sooner.
With the dissolution of the Cortes, all bills that are in the parliamentary process automatically decays, although permanent deputation can grant initiative Promoted from acting executive as a decree law.
