Parliamentary Control and Electoral Processes in Spain
Item 24
1. Parliamentary Control Instruments
In our parliamentary monarchy, parliament can dismiss the government, and the government can dissolve parliament. This regime is based on mutual trust. The removal of government takes place through a motion of censure or a vote of no confidence. The dissolution of Parliament is a defense mechanism for the government.
The control of government action by Parliament is outlined in Article 66.2 of the Spanish Constitution (EC).
Information
Budgetary information is indispensable for controlling the government. It is the backbone of data collection.
Individual Aspect
Each Member of Parliament has the right to seek information (Congressional Regulation, Article 7).
Collective Aspect
Parliamentary chambers have the right to request information (Article 109 EC). They can require the presence of government bodies and any public authority. While this right doesn’t explicitly exist in law, it is practiced within parliamentary commissions. The Government has the right to appear before the chambers and their commissions and be heard.
Control Procedures
Questions
These are individual inquiries on a particular issue, addressed to a member of the government. There are three types:
- Oral questions with full answer: Debated in order of presentation, preferably addressing those who haven’t asked before. Debate occurs between the member of government and the questioner (Question-Answer-Counter-Rejoinder).
- Oral questions for committee response: Follow the same debate format. Questions can be answered in writing within 20 days. If not, they are handled as oral questions in committee. Unanswered questions are assigned to the next session. Minimum weekly time for questions: 2 hours in Congress, 1 hour in the Senate per session, typically Wednesday evenings in Congress and Tuesday afternoons in the Senate.
- Written questions: Questions submitted in writing and answered in the same format.
Interpellations
Similar to questions but concern matters of general application. They are more relevant and generic. There is only one modality: oral response in full, involving the questioner, the member of Government, and the parliamentary group. An interpellation can lead to a motion to be discussed at the next meeting. Failure to respond doesn’t result in legal penalties, but may have political consequences.
Motions
A resolution adopted by the House concerning government activity. A motion can be independent of a question.
Propositions (Non-Legislative)
A form of motion criticizing government inaction.
Government Communications and Information
The government can appear before a chamber or its committees to report. This leads to debate and a vote on motions (“Debate on the state of the nation”).
Government Information Requests
Requests from the House or a committee to a government body. Leads to debate but not a motion.
Commissions of Inquiry
Non-permanent committees investigating matters of public interest. Sessions can be public or secret. Findings are not legally binding but if evidence of a crime is found, it must be reported to the courts (Article 76 EC). There is a legal obligation to assist commissions of inquiry.
The Electoral Formula
The mathematical formula for converting votes into seats. Article 68 EC mandates a proportional formula, not a majoritarian one, for congressional elections.
The Organic Law of the General Electoral Regime (LOREG) uses the D’Hondt formula (Article 163) with a 3% electoral threshold. This formula is also used for municipal elections (5% threshold), regional elections, and European parliamentary elections.
For the Senate, the EC doesn’t specify a formula, but LOREG limits voting rights. Four senators are elected per province, and voters choose three, ideally from the same party. This system is also used in municipalities with 100-250 inhabitants.
The Electoral District
Varies between Congress and Senate. For Congress, the size is indirectly set. Article 68 EC sets a minimum of 300 and maximum of 400 deputies (LOREG sets it at 350). The electoral district is the province, except for Ceuta and Melilla.
For the Senate, districts are provinces, island groups, Ceuta, and Melilla. The EC specifies 4 senators per province, 2 for Ceuta and Melilla, 3 for larger islands (Gran Canaria, Mallorca, Tenerife), and 1 for other islands (except Ibiza and Formentera, which share one).
The EC dictates seat allocation by province, with a minimum of two deputies per province and the rest distributed by population. The remaining deputies are calculated by dividing the provincial population by 248, determining the votes needed per seat.
Despite the EC’s mandate for proportional representation, the small district size in Spain gives an advantage to larger parties in congressional elections.