Article 116 can't stop elections: the deadlines that rule it out
The debate over Article 166 revives fears of a never-ending state of alarm. The Constitution and the LOREG set deadlines that make it impossible.
English · Original discussion in Spanish · Published
A state of alarm cannot dodge the elections
The controversy surrounding Isabel Durán and Article 166 of the Constitution has revived an old suspicion: that the Government could declare a prolonged state of alarm to prevent the dissolution of the Cortes and the elections. That reading clashes with the constitutional text and with the LOREG (Spain's electoral law), which leave little room for improvisation.
The limits of Article 116
Article 116 governs the states of alarm, emergency and siege. Any of them requires Congress's approval to be extended, and the extensions are short: 15 days for alarm, 30 for emergency. There is no route to an indefinite state decided unilaterally by the prime minister.
The electoral calendar is unchangeable
The Constitution sets the Congress's term at four years. If there is no early dissolution, elections must be called between 30 and 60 days after the term expires. The LOREG goes further: the decree calling the election is issued 25 days before the term expires, and the vote is held 54 days after the call. There is no legal way to skip those deadlines by invoking an emergency.
Those who distrust the 2020 dress rehearsal have one argument: the pandemic showed how extensions can be stretched. But the constitutional text is still there, and any attempt to ignore it would end up in court. Distrust, however, is not cured by written guarantees; it is cured by facts.
The controversy surrounding Isabel Durán and Article 166 of the Constitution has revived an old suspicion: that the Government could declare a prolonged state of alarm to prevent the dissolution of the Cortes and the elections. That reading clashes with the constitutional text and with the LOREG (Spain's electoral law), which leave little room for improvisation.
The limits of Article 116
Article 116 governs the states of alarm, emergency and siege. Any of them requires Congress's approval to be extended, and the extensions are short: 15 days for alarm, 30 for emergency. There is no route to an indefinite state decided unilaterally by the prime minister.
The electoral calendar is unchangeable
The Constitution sets the Congress's term at four years. If there is no early dissolution, elections must be called between 30 and 60 days after the term expires. The LOREG goes further: the decree calling the election is issued 25 days before the term expires, and the vote is held 54 days after the call. There is no legal way to skip those deadlines by invoking an emergency.
Those who distrust the 2020 dress rehearsal have one argument: the pandemic showed how extensions can be stretched. But the constitutional text is still there, and any attempt to ignore it would end up in court. Distrust, however, is not cured by written guarantees; it is cured by facts.
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Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (16 replies).
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