That the Plenary of the Assembly of Extremadura, in a session held on February 23, 2023, has debated the Proposal for Reform of the Regulations of the Chamber (RERA-4), for the modification of article 245 and, in accordance with the provisions in article 268 of the Regulations, submitted to a final vote of the entirety, has been unanimously approved, in the terms that are inserted below.
AMENDMENT OF THE REGULATION OF THE ASSEMBLY OF EXTREMADURA FOR THE MODIFICATION OF ARTICLE 245.
STATEMENT OF MOTIVES
The The Spanish Constitution qualifies the Senate as the Chamber of territorial representation, to then give the territories, personified in the Autonomous Communities through their provinces and legislative chambers, the power to elect, in the first case, and designate, in the first case. the second, to a determined number of senators and senators.
With regard to the senators appointed by the autonomous communities through the legislative assemblies, the Constitution only requires that adequate proportional representation be ensured, referring to the respective Statutes of Autonomy the configuration of the rest of the elements that must make up such designation.
Following the constitutional mandate, the Article 16 of the Extremadura Statute of Autonomy establishes the regional designation model for the senators referred to in the Article 69.5 of the Constitution, establishing its requirements: the designation corresponds to the Assembly, after the autonomic elections, among the deputies of the same, in accordance with the proportional representation of the groups of the House and proposed by these. .
Next, the Statute grants designated deputies the possibility of opting to maintain their regional seat or to resign from it.
From this it can be deduced that the eligibility requirement to be a senator by autonomous designation in the case of the Autonomous Community of Extremadura is the previous condition of autonomous deputy and may, however, renounce it, maintaining exclusively the status of senator. .
That is, the The Extremadura Statute of Autonomy enables a personal option for the deputy designated as senator, that of keeping his or her deputy act as an autonomous deputy, combining both conditions and maintaining the link with the regional Assembly or renouncing it by being exclusively a senator or Senator with no legal connection to the Parliament that appointed him.
However, the Statute of Autonomy adds that, in both cases, whether or not it maintains the link with the Assembly of origin, the mandate of the senator will be linked to the autonomous legislature.
With this, the Statute makes it clear that despite losing the link with the Parliament of origin and by which he has been appointed, opting for the exclusivity of the status of senator, they represent or are a consequence of the parliamentary proportion obtained in a Therefore, after this legislature, and despite not being an autonomous deputy, the senator loses the representative legitimacy that allowed his appointment, giving way to a new designation, after the autonomous elections, with the representativeness that derives from the same.
In other words, once the autonomous legislature is over, the representativeness that gave rise to the designation expires and must be replaced by that derived from the new parliamentary configuration.
For its part, the Regulations of the Assembly of Extremadura clearly provide in its article 7 that the autonomous legislature has a duration of four years from the holding of the autonomous elections, unless there is an early dissolution, establishing, however, in article 245 that the mandate of the autonomous senators will end on the day of dissolution of the Chamber, which occurs, in general, the fifty-fourth day prior to the end of the legislature.
The terms of both precepts seem to be in contradiction with the link that the Statute establishes between the senators of autonomous designation and the legislature, and, in any case, causes the absence of representation of the Autonomous Community in the Senate during the period of the time that elapses between the Decree calling for elections, which is related to the dissolution of the Chamber, and the new designation after the elections are held.
For this reason, in order to safeguard the territorial representation of this Autonomous Community in the Upper House, the reform of the Regulations intends to adapt the duration of the legislature with the mandate of the designated senators, expressly stating that the same remains in force until the designation of the new senators by the Parliament that arises from the autonomic elections.
single item
Article 245 of the Regulations of the Assembly of Extremadura is amended, which is worded as follows:
Article 245 Designation by the Full
1. The Plenary Assembly of Extremadura shall designate, from among the deputies of the same, the senators referred to in the Article 69.5 of the Constitution, whose mandate will be linked to the legislature in which they are elected, in accordance with the Autonomous Statute of Extremadura.
2. In the event of extinction of the mandate of the Senate prior to the end of the autonomous legislature, the senators already elected by the Assembly of Extremadura will present a new credential to the Senate with reference to the day of their election at the beginning of the autonomous legislature. in progress, issued by the Bureau, without therefore requiring a new designation.
3. The senators appointed in a legislature will continue in the following legislature until the appointment of the autonomous senators that correspond to designate in it after the autonomous elections.
4. The designated deputies or deputies may choose to maintain their regional seat or resign from it, without prejudice to their status as senators with a mandate linked to the regional legislature.
LE0000550682_20230303
single final provision
The present reform of the Regulation will enter into force on the day of its publication in the Official Gazette of the Assembly of Extremadura.
It will also be published in the Official Gazette of Extremadura and in the Official State Gazette.
Mérida, February 23, 2023.
The First Secretary,
MARA NGELES CAMACHO SORIANO
VB The President,
BLANCA MARTIN DELGADO