The ‘censure motion’ case of Spain
The motion of censure is the tool by which parties with representation in the Chamber fall from a bicameral parliament or in a unicameral parliament in the middle of a country can request political responsibility from the respective Executive Power. In the case of Spain, you can also use the motion of censure this at the municipal and regional level. In case it is approved by absolute majority, in this case at least 176 deputies of the lower house must vote in favor of the motion. In the case that this requirement is met by the president in her day Ana Pastor must make it known to the King and the President of the Government. Moreover, according to article 114.2 of the Constitution explains and dictates that in the alleged situation in which the Congress of Deputies raises a motion of censure, the Government will present its resignation to the king and the candidate included in that will be understood invested with the confidence of the Chamber to the Chamber to theeffects provided for in article 99 of the Constitution. Finally, the last step is that his Majesty the king corroborates such a decision and names him president of the government.
An important fact is that it has to spend 5 days so that this motion can be voted from its staging. In the first two days of this period, alternative motions are allowed by other parliamentary groups
On the other hand, another of the demands involved in the use of this mechanism is that, according to article 113, in the event that the motion of censure was not approved by Congress, their signatories may not present another during the same period ofsessions. For a new one, another 35 of deputies would be needed.
There are two types: the motion of destructive censure intends the resignation or collapse of the president of the Government without the claim that anyone replaces him. This causes the advancement of the elections. On the other hand, the other type of motion of censure is the constructive The parliamentary group that proposes the motion of censure includes a candidate for the presidency of the Government, with its own political program. Therefore, two agreements are made in the same act: censures the constituted government and investiture of the candidate for the presidency of the Government.
On May 25, 2018, the Spanish Socialist Workers Party after the publication of the judgment of "La Gurtel" in which the Court admitted that the Popular Party (Executive Political Party) was a lucrative party of the corruption plot,He presented a motion of censure, with his 84 deputies as signatories where he included Pedro Sánchez as candidate of the government president.
The motion of censure presented on May 25, 2018 was accepted to process last Monday, May 28 by the Congress table. Due to the acceptance Ana Pastor (president of the Congress of Deputies) announced the same day that the debate was assigned for Thursday, May 31 and Friday, June 1, being a rapid process because “the issue is of sufficient importance does nothaving no processing like last year of the budget or any theme of the fat people ”
In the days of the debate, Pedro Sánchez, the head of the motion of censure, defended the need for this motion of censure due to the severity involved in the judgment of the Gürtel case and the other cases of corruption that dotted the PP and due to theLack of assumption of ‘responsibilities’ by the chief of the Executive has made him step forward and that given the possibility that the head of Spain could declare judicially, he would question the credibility of the presidency and the government and the honor ofSpanish democracy. He also argues that the strength of democratic institutions is based on the confidence of the people. I also present what their lines of government would be in case the motion is approved (democratic regeneration, economy and social policy))
Instead, Mariano Rajoy recalled that the sentence of the "Gürtel plot" did not accuse any current member of his executive. And that the responsibility of the PP is civil and not criminal. Rajoy criticized what Pedro Sánchez considers an opportunistic attempt to get to power through this motion of censure, instead of elections.
How does the motion of censure become possible? The Spanish Socialist Workers Party upon learning of the Gurtel Judgment on Friday, May 25, was almost forced to present a Sura motion to prevent Mariano Rajoy and Albert Rivera torpedo from course, although the institutional instability suffered by the PSOE and the needof relevance were other reasons why the motion process began. In addition, the damage that the Popular Party had done to independence by applying 155 to foresee that separatists would vote in favor of the motion of censure. The only reluctant party was the Basque Nationalist Party that had just agreed the budgets although it was not willing to support a supposedly corrupt party.
In short, the insistence of Podemos by land, sea and air with its 71 deputies for the Popular Party was key in the motion of censure
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