Spanish Government Confidence Mechanisms
In the Spanish parliamentary system, the government’s continuity depends on maintaining the confidence of the Congress of Deputies. This confidence can be withdrawn through specific mechanisms provided in the Constitution: the motion of censure and the question of trust.
Motion of Censure
Concept
The motion of censure is a parliamentary initiative through which Congress, on its own initiative, withdraws confidence in the Prime Minister. In the Spanish system, it is a specific and independent mechanism.
A prominent feature of the motion of censure is its constructive nature, aimed at ensuring government stability and avoiding power vacuums.
Requirements
- The motion must be signed by at least one tenth of the Deputies (currently 35 Deputies).
- It must propose a candidate for Prime Minister.
- The proposed candidate does not need to be a Deputy but must have accepted the nomination.
Deputies who signed a failed motion of censure cannot submit another during the same session.
Procedure
Once accepted for processing, a reflection period of at least five days begins, intended to allow for quiet deliberation. Alternative motions can be submitted during the first two days.
The central figure is the proposed candidate, who explains their program. A debate follows between the candidate and the parliamentary groups.
Once the debate concludes, the vote takes place. The vote is public.
For the motion of censure to succeed, it must obtain an absolute majority of the Congress of Deputies (half plus one, currently 176 votes).
Effects
If the motion of censure is not approved, the Government recovers the power to dissolve the Chambers, which was suspended upon the motion’s admissibility (Article 115 of the Constitution).
If approved, confidence is withdrawn from the incumbent Prime Minister and automatically transferred to the candidate. The incumbent ceases office and must submit their resignation, and the candidate is appointed Prime Minister.
Question of Trust
Concept
The Government itself may consider it appropriate to renew the confidence that Parliament gave it, for effective continuity in the exercise of its functions and to achieve its political aims. This serves to ratify parliamentary support.
Procedure
Unlike the motion of censure, the initiative lies with the Executive. The proposal is made by the Prime Minister, after deliberation by the Council of Ministers (Article 112 of the Constitution).
The decision is made by the Prime Minister, as it was they who received the confidence of Congress upon taking office.
The question of trust is submitted in writing to the Presiding Board of the Congress, accompanied by a certificate from the Council of Ministers confirming the constitutionally required deliberation.
The submission must be motivated, requiring a brief explanation of the reasons for the Prime Minister seeking renewed confidence.
Unlike the motion of censure, the admission of the question of trust does not curtail governmental powers. Therefore, if the Prime Minister considers it appropriate, they may propose the dissolution of Parliament to the King.
If dissolution is not proposed, the discussion of the matter is governed by the regulations for a motion of censure.
The regulations provide for a reflection period (the vote takes place at least 24 hours after submission).
For both the motion of censure and the question of trust, only ‘yes’ votes count towards the required majority. Abstentions, blank votes, and spoiled ballots effectively count against the proposal.
Effects
If the government wins the vote, it continues in office with the political reinforcement derived from the renewed parliamentary confidence.
If Congress withdraws its confidence, the government must submit its resignation to the King. This opens the procedure for appointing a new Prime Minister (Article 114.1 of the Constitution), without requiring general elections.