The uncertainty about the future of Pedro Sánchez as President of the Government opens the question of what will happen with the Amnesty law, which is still in full parliamentary process. Depending on what the socialist leader announces tomorrow, the approval of the rule to erase all criminal, administrative and civil processes due to the process may be affected.
The scenarios that open up, which will be clear tomorrow, are that Sánchez continues as head of the Executive without further ado, raises a question of confidence, resigns to make way for a new investiture of another socialist or announces new elections, although it would be in deferred because the Cortes could not be dissolved until May 29.
In the event that he announces his departure from the Executive, article 101 of the Constitution establishes that with him the entire Government ceases, although it would remain in office until a new one arrives. At that time, a new investiture would have to be proposed, with a maximum period of two months, and if it did not go ahead, it would be the president of Congress who would communicate the dissolution of the Cortes for new elections.
In this entire process, the question is what happens with the legislative work. Parliamentary sources explain that both the Congress of Deputies and the Senate would continue to have full powers, and therefore their parliamentary processing would continue without any obstacle. Furthermore, in the case of the Amnesty law, it is worth remembering that it is a bill proposed by political groups and not a bill that comes from the Government.
If Sánchez decided to dissolve the Cortes by May 29, the deadlines would become more relevant. The norm is now in the Senate, and these days a commission with experts proposed by the parties is debating the legality and constitutionality of the norm. Sources from the Upper House explain that the commission has already been convened for May 6 to study the vetoes raised by the PP on the presentation of the law. And then I would have to go to the plenary session.
The deadline for the Senate to return the text to Congress is May 16. At this point, deadlines are again essential. Congress has scheduled a plenary session for the week of May 21. However, sources from the Lower House explain that the agenda of the Board to set the points that go to that plenary session is held on the 14th. Therefore, the amnesty could not be set because it is foreseeable that the Senate will not have returned it. The only option to introduce it in that week’s plenary session is for it to be accepted unanimously, something highly unlikely. In addition, the law would be approved in Thursday’s session, therefore it would be for May 30, a day after the president could dissolve the Cortes.
Another option so that the amnesty could be approved before the 29th would be to call a specific plenary session, and then it could be held on Thursday, May 23.
This game of dates and possibilities makes it clear that the final approval of the Amnesty law, with its publication in the Official State Gazette (BOE) and its entry into force, essentially depends on the political will of Sánchez, of the PSOE. and their parliamentary partners.