2024-01-09 22:49:22
This Wednesday the first plenary session of the year is held in Congress (the session will take place in the Senate because Congress is under construction) and it could leave Pedro Sánchez’s Government, which is just over a month and a half old, very weakened.
What is voted on in the plenary session?
In the plenary session, decree 6/2023, decree 7/2023 and decree 8/2023 are voted on, in addition to the budget stability objectives (an essential procedure to be able to later prepare the budgets) and the complete amendments to the amnesty law . The plenary session will be long and begins at 9 a.m. and is expected to conclude around 9 p.m.
Why is the Plenary Session so important?
Because the five initiatives are very important and three of them can be overturned: the three decrees. If there is no last minute change, the three decrees will be rejected and their content will be without effect. Specifically, decree 6/2023 and decree 7/2023 incorporate measures required by the European Union to receive the 10,000 million euros that correspond to the fourth disbursement of European funds. In these two decrees, matters such as the public justice service, the public function, the local regime and patronage, or unemployment benefits are regulated. Decree 8/2023 extends the anti-crisis measures, among which are discounts on transport passes and free Cercanías and medium distance travel or the reduction in VAT on certain foods (essential foods). Also included is the extension of the banking and energy tax and the VAT on electricity and gas or the revaluation of pensions is increased to 3.8%, in accordance with the CPI.
What value does a decree have?
The decrees are regulated in article 86 of the Constitution and have the rank of Law even though they are not processed in the Cortes Generales in an ordinary way as a Law. The Government approves them in the Council of Ministers and then has 30 days to validate them in the Congress, but they do not allow amendments (that is, changes). Yes, changes can be made if its subsequent processing as a bill is approved. In any case, the figure of the decree, as stipulated in the Constitution, is used only in situations of “extraordinary and urgent need”: that is, for specific situations, not to replace the figure of a Law.
Is it common for Congress to overturn a decree?
No. Although Pedro Sánchez, since he arrived at Moncloa in 2018, has used this figure of the decree much more frequently than all his predecessors (which is why he has received a lot of criticism), he had only suffered two defeats (2019 and 2020 ). The PSOE Government has used decrees more than usual because it allows legislative “shortcuts” (it saves all the ordinary procedures that laws entail) and puts more pressure on the Congress groups because it places them in a “yes” dilemma. or not”. However, this strategy, which also tries to hide the problems that the Government has in tying up the support of so many parties to legislate, seems to have failed the first in this new legislature.
How does this parliamentary defeat leave the Government?
The Government is very weakened because it reflects prematurely the parliamentary problems with which it was born, although the PSOE itself assumes that it will be the tone of the legislature.
What is the majority of the investiture?
The majority that gave the investiture to Pedro Sánchez and, therefore, the bloc that should support the Government during this legislature is made up of 179 deputies of the 350 in Congress. These 179 deputies correspond to PSOE (121), Sumar (26), ERC (7), Junts (7), Podemos (5), PNV (5), BNG (1) and Canarian Coalition (1). The 171 deputies who voted against and are in opposition are PP (137), Vox (33) and UPN (1). With Junts’ “no”, the Government is left with 178 votes against; In addition, the five from Podemos can be added, who also plan to vote against because they consider that the Government has ignored their requests (among them, the freezing of rents).
Why is Junts voting against the three decrees?
The origin of the friction between Junts and the Government is in decree 6/2023 and, specifically, in article 103: this precept modifies the Civil Procedure Law, adding an article 43bis, which regulates the European preliminary ruling issue. The European preliminary ruling question is a query that judges can submit to the Court of Justice of the European Union to find out what the criteria are for applying EU Law: the amnesty could come into play in this case. Therefore, if the judges who have to apply the amnesty raise preliminary questions, they can delay the application for longer, something that Junts does not want. Junts also criticizes the decrees because they “aggravate the underfinancing” of Catalonia and “cut back” powers. In the last few hours, he has opened his mind to changing his mind if the Government “sanctions” companies that do not return to Catalonia and left due to 1-O.
Why has the PSOE sought out the PP?
Faced with the scenario of losing the three decrees, the Government has tried the PP route with three calls from ministers to popular leaders. However, the socialists have closed that path due to the tone of those of Alberto Núñez Feijóo: the leader of the PP assures that he is not going to act as a lifeguard for the “misgovernment” of Sánchez, who is under the orders of the independentistas. Although, the popular ones had also opened up to saving decree 8/2023 from anti-crisis measures if the Government accepts their three demands: lowering VAT on meat, fish and preserves; reduce VAT on electricity and gas; and, deflate personal income tax to adjust it to inflation.
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