The lawyers of Congress see sufficient arguments to allow the Junts non-legal proposal to be processed that requires the President of the Government, Pedro Sánchez, to submit its continuity to a vote. The report of the legal services of the Lower House, which has been accessed 20 minutesargues that It must be the Board, the governing body of the institution, that decides what to do, Therefore, it returns the ball to the majority that PSOE and Sumar have in that body, who asked the lawyers to load themselves with arguments with which to reject the admission of the initiative for processing.
Since last Tuesday, the socialists have been exploring legal avenues to prevent Junts’ non-law proposal from starting in Congress, knowing that, although these types of initiatives have no legal effects even when approved, that Congress Formally asking Sánchez to submit his position to the confidence of the deputies would be a harsh political blow. Nevertheless, qualifying an initiative is a merely bureaucratic and not a political step, since the Board does not have to rule on the content of the proposal, but only on whether it has errors in form or if it is legally correct.
So much so that it is usual for the vast majority of initiatives to be admitted, and that is why it was so important for the PSOE and Sumar that the Congress lawyers provide a legal argument that would support the inadmissibility of this non-legal proposal from Junts. But the legal services are very clear in their report: “There being no precedents for non-legal propositions similar to the one we are now dealing with, It is up to the Board to set a criterion, which will probably serve as a reference for the decision regarding the admission for processing of other control initiatives in the future.
Since last week, the PSOE has been privately disseminating what is its main argument to maintain that the initiative does not comply with the regulations and, therefore, should not be admitted for processing: that it intends for Congress to urge the Government to do so. something, present a question of trust, which is solely and exclusively the president’s decision. The socialists rely on a precedent from 2013 in which the Chamber Board, then controlled by the PP, rejected a PSOE motion that demanded President Mariano Rajoy “assume political responsibilities” for the outbreak of the Gürtel case with the argument that “it would represent a hidden motion of censure”.
However, the lawyers, in their report, recall that “we are faced with a non-legal proposition” and, therefore, “the result of the vote on this initiative, if it were admitted and submitted to the Plenary, will have no legal impact in the existing relationship of trust between the Legislative Branch and the Executive.” That is to say: the initiative does not have the capacity to force Sánchez to submit to a question of trust and, therefore, it would not be leading Congress to assume powers that They are not his own.
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