The intention of the president of the Community of Madrid, Isabel Díaz Ayuso, to call early elections has been left in abeyance. Because? Because the PSOE and Más Madrid have presented motions of censure in an attempt to cripple the appeal.
From the Community of Madrid, they assure that they would not be valid, because at the time of the signing of the decrees, the Regional Assembly would be dissolved. However, from the PSOE and Más Madrid, they assure that at the time of their registration this option is excluded. What the law says?
According to Law 5/1990, of May 17, regulating the faculty of dissolution of the Assembly of Madrid by the president of the Community, its first article establishes two precepts: the president can dissolve the regional Parliament “after deliberation of the Council of Ministers “and, moreover,” the early dissolution of the Madrid Assembly cannot be decided under any circumstances when a motion of censure is under consideration “.
What entered before, the request or the summons? It’s not clear. The same law stipulates that “the decree of dissolution will be published in the Official Journal of the Community of Madrid and will come into force at the time of its publication”. The Autonomy Statute of the Community of Madrid, in its article 21, says exactly the same thing.
In other words, the censure motions would have been entered in the register before the electoral appeal was valid.
According to article 42 of the organic law of the general electoral system (LOREG), the dissolution takes effect the following day: “the convening decrees are published, the day after their publication, in the ‘Official Journal of the State’, or , when appropriate, in the “Official Journal” of the corresponding Autonomous Community. They enter into force on the day of their publication “.
That is to say that in both cases it is established that the censure motions would have entered within the time limit set and that the elections, barring a legal battle, will not take place on May 4.