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Brexit and the Spanish general election

Posted: Fri Feb 22, 2019 3:29pm
7 replies327 views6 members subscribed
jimtaylor

jimtaylor

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I wouldn't normally do a post about something of this nature, but on this occasion I'd be grateful if other members would share their thoughts on the effects of the general election on 28th April.

Bearing in mind the possibility of a hard Brexit on 29th March, it appears to me that the general election could be seriously bad news for us.

In his TV announcement declaring the election, Pedro Sanchez said he was dissolving parliament. In that case, I'd have thought parliament would be unable to issue the promised real decreto-ley detailing the contingency plans about how we would be treated post-Brexit. However, yesterday, industry minister Reyes Maroto was reported as saying the law is effectively finalised and just needs approving by the Council of Ministers.

Can this happen with a parliament that's been dissolved? I'd like someone with more knowledge of the Spanish political system to enlighten me.

If it can happen, would that be binding on the next government (and it could be a long time after the election before a coalition government could be formed), bearing in mind that Spain is good at both rescinding and backdating legislation?

In addition, can bilateral negotiations between Spain and the UK continue if parliament is dissolved?

Without the new law, what would happen if I went to see the doctor on the 30th March, what would happen to people who have flights booked but suddenly find they need an entry visa, and so on.

Before I'm shouted down and told it will never happen, I'd like some reassurance in fact and not in opinion.


Angei02

Posted: Fri Feb 22, 2019 11:13pm

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Posted: Fri Feb 22, 2019 11:13pm

More chance of getting run over by a bus !!!!

jimtaylor

Posted: Sat Feb 23, 2019 2:08pm

jimtaylor

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Posted: Sat Feb 23, 2019 2:08pm

Thanks for the replies, and what Ray says gives me some hope. I hope they will issue the new law, and think they could do so simply by making its 'Entrada en vigor' on or after the (unspecified) date of a no-deal departure from the EU.

Kimmy11

Posted: Sat Feb 23, 2019 9:35pm

Kimmy11

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Posted: Sat Feb 23, 2019 9:35pm

Hi Jim,

Looking at the Spanish Constitution, during usual recesses and between dissolution of parliament and a general election, the powers of Government are carried out by a Permanent Deputation for each House (the Senate and Congress):

"Part III: The Cortes Generales

Chapter I: Houses of Parliament

Section 78

1. In each House there shall be a Permanent Deputation (Diputación Permanente) consisting of a minimum of twenty-one members who shall represent the parliamentary groups in proportion to their numerical importance.
2. The Permanent Deputation shall be presided over by the Speaker of the respective House and their functions shall be that provided in section 73, that of assuming the powers of the Houses in accordance with sections 86 and 116 in case that the latter have been dissolved or their terms have expired, and that of safeguarding the powers of the Houses when they are not in session.
3. On the expiration of the term or in case of dissolution, the Permanent Deputations shall continue to exercise their functions until the constitution of the new Cortes Generales.
4. When the House concerned meets, the Permanent Deputation shall report on the matters dealt with and on its decisions."

Point 4. above suggests to me that the day to day business of Government continues by the Permanent Deputation for each House.  Although not explicitly stated, I would take it that the PDs can direct the Sovereign to ratify their decisions in the same way that Parliament would.

For completeness, the other sections referred to in the above extract can be found at:

http://www.lamoncloa.gob.es/lang/en/espana/leyfundamental/Paginas/titulo_preliminar.aspx

Not very helpfully(!), the individual parts of the Constitution are listed numerically, but not titled, so for easy cross-reference, they are:

Section 73 - Part III    Chapter I  Houses of Parliament

Section 86 - Part III    Chapter II Drafting of Bills

Section 116 - Part V   Relations between the Government and the Cortes Generales

Kind regards,

Kim


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jimtaylor

Posted: Sun Feb 24, 2019 4:20am

jimtaylor

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Posted: Sun Feb 24, 2019 4:20am

Excellent Kim, thanks for taking the time to research it. Hopefully we'll all be a bit wiser soon.

jimtaylor

Posted: Fri Mar 1, 2019 1:24pm

jimtaylor

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Posted: Fri Mar 1, 2019 1:24pm

Thanks Kim, and I hope it's correct.

It does conflict with what I read in the Spanish press this week, which said that it would be approved by the council of ministers today, and that within the next fifteen days would have to be approved by the chamber of deputies.

If anyone finds out that it's been published before I do, please give me the link as I want to study the detail.

Gran Alacant Insurances

Posted: Fri Mar 1, 2019 2:58pm

Gran Alacant Insurances

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Posted: Fri Mar 1, 2019 2:58pm

Hi Jim, here a first reaction in spanish press after approving this morning the real decreto-ley in case of no deal brexit, we will see how the BOE publishes officially

https://www.diariodeavila.es/Noticia/Z3D1CD3FB-E815-3D64-E082AD68A26F9D7A/201903/Sanchez-aprueba-una-ley-para-paliar-un-Brexit-duro


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jimtaylor

Posted: Fri Mar 1, 2019 3:37pm

jimtaylor

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Posted: Fri Mar 1, 2019 3:37pm

Thanks very much, Alfonso. So far, so good.

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