Spain • • • 🌿 Progressive

Ilustración del hemiciclo parlamentario vacío con una balanza de justicia abstracta sobre la cámara
Ilustración sobre la polémica maniobra del Gobierno para reaprobar los decretos de vivienda en la Diputación Permanente. · Imagen ilustrativa generada por IA para EPM

Jurists accuse Spain's government of constitutional fraud over revived housing decrees

The government plans to have the Council of Ministers reapprove the two housing decrees struck down on Friday by the Congress plenary, with minimal tweaks, and…

--- The context --- Spain heads toward the elections that have been called with parliament dissolved: the government's two housing decrees fell last Friday in the full Congress by an absolute majority, and the executive refuses to accept the defeat. The Council of Ministers, according to government sources, plans to approve them again with minimal tweaks to their wording and send them back to the legislature just as part of its functions passes to the Permanent Deputation of Congress. That body safeguards the chamber's powers while parliament is dissolved: it has 69 members, national sovereignty is less represented there, and the majority arithmetic changes. It is precisely that change the government would like to exploit. --- The facts --- The aim would be to validate at least the first of the two decrees, because in the Permanent Deputation Junts holds only one vote and its position would no longer be decisive, as it was in the plenary. The text would be altered minimally to present the decrees as different from the ones struck down on Friday and dodge a blatant fraud of law. The arithmetic speaks for itself: PP, 27; PSOE, 25; Vox, six; Sumar, six; PNV, one; EH Bildu, one; ERC, one; Junts, one; and Mixed Group, one held by Podemos. With that distribution, the bloc that voted against the first decree, PP, Vox and Junts, would be a minority with 34 votes against the government's 35 and its allies. --- The positions --- The jurists consulted are blunt. Manuel Aragón, emeritus magistrate of the Constitutional Court, calls the maneuver constitutional fraud. Elisa de la Nuez, secretary general of the Hay Derecho Foundation, speaks of democratic fraud: there was no majority to validate the two decrees, elections were called, and yet, as if by magic, the Permanent Deputation would approve them, something she calls a Trump-style shell game. Manuel Fernández Fontecha, counsel to parliament and former counsel to the Constitutional Court, sees the fraud as very clear: a coverage rule, the power to validate decree-laws, is used to vote on them again with a different makeup of the body. Congress would vote twice, contradictorily, when the Deputation safeguards the chamber's powers without replacing them. --- What remains unknown --- It remains to be seen whether the Council of Ministers will go through with the approval and its minimal tweaks, how much room the Permanent Deputation will have before a text already rejected by the plenary, and whether the maneuver will end up challenged before the Constitutional Court. --- Unanswered questions --- Can a 69-member body overturn what the entire plenary decided by an absolute majority? What will stop any future government from recycling its defeated rules through this route? Where does regulatory ingenuity end and constitutional fraud begin? --- EPM analysis --- Democracy does not rest only on winning votes, but on accepting the ones that are lost. When a government turns a parliamentary defeat into an office victory by changing the body that votes, it is telling citizens that their representatives' votes in the plenary are obstacles to dodge, not decisions to obey. Saving a decree at that price erodes trust in the rules of the game, and that trust, once lost, no decree can restore. 📌 EPM Take: In EPM's view, the maneuver crosses a democratic red line: citizens cannot be asked to believe in parliament while the fine print of procedure undoes what parliament decided. The experts' argument is devastating: the Permanent Deputation does not exist to correct the plenary, but to guard it. If this route succeeds, the precedent is written for all governments to come, whatever their color. And such a precedent is not erased with minimal tweaks.
📤 Share on Telegram

¿Te gustó este artículo? Recibe cobertura global en tu correo.

Suscríbete gratis / Subscribe free