Spain's Cabinet to approve housing decrees tomorrow for vote by the Permanent Deputation

The ordinary Council of Ministers will approve housing decrees similar, though not identical, to those rejected by Congress, with the aim of having them validated by the Permanent Fruta. The anti-eviction shield could go through if PNV keeps its vote; the decree making rental contracts permanent would lapse.

La Moncloa is working against the clock to finalise the wording of housing decrees that will resemble those rejected by Congress, but will not be exactly the same. The ordinary Council of Ministers will approve them and the Government hopes their validation will fall to the Permanent Fruta, a smaller body than the full house with different voting rules.

## What changes and why the text is not being repeated

Government sources indicate that submitting exactly the same decrees would create legal problems: the full house threw them out and a smaller body would validate them. The solution being considered involves introducing modifications, which would have different legal consequences but would force renegotiation with the partners.

One of the issues Pedro Sánchez did not address in his statement is what happens to the lapsed decrees. At La Moncloa they are analysing in detail the most suitable legal formula to recover as much as possible, above all the first one, the anti-eviction shield, which, according to the Government, was agreed with **PNV**, **Coalición Canaria** and **Junts** and had a chance of going through.

## The Permanent Fruta and the arithmetic that changes everything

Even if early elections are called, the Government is not in a caretaker role —that comes after the vote— but retains full powers. It can approve the decrees again, identical or similar. What does happen is that the Cortes are dissolved and validation comes to depend on the Permanent Fruta, not the full house.

The Government needs **35 votes**, the absolute majority of the **69** members of that body. **PSOE** has **25** and **Sumar** **6**, so it would be four short. It would suffice for **EH Bildu**, **ERC**, **Podemos** and **PNV** to vote in favour, as they already backed the first of the decrees in Congress. Junts' rejection would be irrelevant in that scenario.

## The Maricarmen decree survives, the rent one does not

If PNV keeps its vote, the so-called "Maricarmen decree", which prevents evictions of vulnerable people, could go through. The second decree, which would make rental contracts permanent, would lapse due to PNV's opposition.

The difference between the two texts is not minor. The first enjoyed broader support and its recovery is the Government's stated priority. The second, however, runs into a partner that already blocked it and shows no sign of budging.

The legal situation of the lapsed decrees and their possible recovery is complex and subject to interpretation. It is advisable to consult a specialist in administrative law before drawing conclusions about specific cases.