If Carles Puigdemont wants to force the resignation of the President of the Government, he has to ally himself with the PP and Vox. This is what he tries to avoid with the demand that Pedro Sánchez be the one to raise the question of trust
A question of confidence with more noes than yeses is materially a motion of censure. In both cases there is “the presentation of the resignation” of the Government to the king.
The only difference between the two is that, in the case of the question of confidence with more noes than yeses, the procedure provided for in article 99 of the Constitution for the investiture of a President of the Government is launched, while, in The motion of censure, being constructive, the candidate included in it automatically becomes President of the Government.
This is expressly stated in article 114 of the Constitution, which draws the legal consequence of the provisions of articles 112, question of confidence, and 113, motion of censure.
Section 1 of article 114 says the following: “If Congress denies its confidence in the Government, it will present its resignation to the King, and the President of the Government will then be designated, in accordance with the provisions of article 99.”
The possibility that has been considered in the report of the Parliament’s lawyers that it be debated in Congress to agree on the presentation by the President of the Government of a question of confidence, with the addition that said agreement would lack legal effectiveness, is manifestly unconstitutional. A question of trust with more noes than yeses leads to the resignation of the Government. This is not even susceptible to discussion. Consequently, the possibility cannot be excluded that a negative vote on a question of confidence could lead to the resignation of the Government. A negative vote on a question of confidence cannot be without legal consequences. An absolute majority is not even necessary. There are more noes than yeses. The resignation of the Government occurs automatically.
This is the reason why Congress cannot adopt the decision that the President of the Government present a question of confidence. Congress can make the Government resign by voting negatively on the question of confidence raised by the president, but it cannot force him to raise it.
From a constitutional point of view, Carles Puigdemont’s claim has no further scope than what the President of the Government wants to give it. You can raise it, “after deliberation by the Council of Ministers” (art. 112 of the Constitution) or you can not do so. It is a decision exclusively yours. No constitutional body can force him to do so.
From a political perspective, Carles Puigdemont, given that with seven seats he cannot present a motion of censure, can address Alberto Núñez Feijóo and offer them to him so that he can “demand the political responsibility of the Government through the adoption by absolute majority of a motion of censure.” (art. 113 of the Constitution).
Given the composition of the Congress of Deputies, with the seats of the PP and Junts an absolute majority would not be achieved. Vox seats would also be necessary.
If Carles Puigdemont wants to force the resignation of the President of the Government, he has to ally himself with the PP and Vox. This is what he tries to avoid with the demand that Pedro Sánchez be the one to raise the question of trust.
That is what the saying defines as “throwing the stone and hiding your hand”, the example of cowardice par excellence. There you go, Mr. Puigdemont.
Regarding the motion of censure, article 114.2 says: “If Congress adopts a motion of censure, the Government will present the resignation to the King and the candidate included in it will be deemed to have been invested for the purposes provided for in article 99. The King will will appoint President of the Government”
#cowardice #Carles #Puigdemont
