The parliamentary election of the president of the Government in Spain: Regulatory analysis, institutional stability, and proposal for reform of article 99.5 of the Spanish Constitution

Abstract

The configuration constitutional art. 99 of the Spanish Constitution of 1978 allows a simple system of parliamentary election of President of Government, when the election results guarantee absolute or simple majority in the Congress of Deputies. However, the failure of the XI Legislature in forming a government has highlighted problems unprecedented, not previously detected, in the current democratic period in Spain. First, the lack of parliamentary agreement to form government with the need to call new elections. Second, a possible institutional blockage, which can be reached if no candidate for President of Government is presented to the investiture in the Congress of Deputies.
In this research, we analyse and reflect on these and other issues of great seriousness and of political and institutional significance. Government formation is one of the main parliamentary functions and its negative impact, for the lack of agreement, is evident. On the other hand, the possibility that no candidate is presented to the investiture can block the provisions of art. 99.5 of the Constitution.
Therefore, in this research the doctrine, jurisprudence and relevant legislation is studied. The constitutional reform of art. 99.5 of the Constitution is proposed, and a number of proposals for institutional and political stability, which are made throughout the study, and they are summarized in the final section of conclusions.