Publication: Thursday, March 11, 2021 10:07
The Community of Madrid is mired in a legal mess after the call for elections to the Assembly and the presentation of two censure motions by the PSOE and Más Madrid against President Isabel Díaz Ayuso.
The opposition maintains that the censure motions took place before the call for elections and that the PP guarantees the validity of the dissolution of the Assembly. But what does the law say about all of this?
According to the regulations, elections cannot be called after the presentation of a motion of no confidence against the government, nor motions of no confidence if the president has dissolved the chamber to call an election.
What was the motion or the call for elections before?
At this point, the timeline of events kicks in: Ayuso signed the decree dissolving the Madrid Assembly at 12:25 a.m. (although it wasn’t published in BOCM until the next day) and the PSOE and Más Madrid recorded their censure motions around 1:00 p.m.
Despite this, formal communication to the Assembly for its dissolution by decree took place at 4:10 p.m., after the House Bureau qualified the motions.
And what does the law say?
It goes without saying that the acceptance of the dissolution is sufficient (according to the Statute of Autonomy) and that it is not necessary that it enter into force with the publication in the BOCM, but the law which governs the dissolution of the Assembly 5/1990 expressly says that it must be published to enter into force.
Faced with this legal mess, a struggle arises between the executive and the legislature which should be resolved by the Constitutional Court, although the BOCM decree can be appealed to the Superior Court of Justice in Madrid because it is ‘is an autonomous administrative law.
In short, anyone can be accused of fraud: I am helping the opposition for boycotting its power to dissolve the Assembly and calling elections and the opposition in Ayuso for calling elections to avoid censure motions.
If there is an election, what is the timetable?
On the assumption that the elections are crowned with success by decision of the court, they would be held next Tuesday, May 4, the first elections in Madrid would be held on a working day. The election campaign would begin on April 17 and the day of reflection would be held on May 3.