A review of the excepcional competence of the Full House ex article 150 of the Rules of Congress of Deputies

Abstract

Summary:

1. COMPETENT BODIES TO DECIDE THE PROCESS OF SINGLE READING. 1.1 The competences of the Table and the limits of the enabling circumstances. 1.2 The procedural conditions of the decision of the Full House. 2. THE PROCEDURAL MOMENT OF THE DECISION TO OPT FOR A SINGLE READING: AN ALTERNATIVE PROPOSAL. 3. HOW TO MAKE THE DECISION TO PROCEED WITH SINGLE READING. 3.1 The value of parliamentary precedent. 3.2 The dichotomy simple majority vs reinforced majority. 4. CONCLUSIONS. 5. Bibliography.

Abstract

The article 150 of the Rules of Congress of Deputies establishes that, if proposed by the Table of the House, and once heard by the all Party Assembly, the Full House can agree to process an initiative directly and in a single reading. We will also analyse, on one hand, whether the option to choose this abbreviated legal channel is simply a political judgement which the Full House should adopt, and thus comply or not with the task which the Parliamentary Rules has entrusted to the Table of the House. On the other hand we will study whether the Full House can finally decide to process a particular initiative through this legal channel or if the previous proposal to the Table of the House is necessary, and whether this governmental body should comply -with the production of a strictly techno/juridical judgement- to the proposals established by juridical order for the processing of a legislative initiative using the procedure of a single reading. For this reason we will study whether the proposal for process by single reading by the Table is obligatory or not, even in the case in which after being seen by the all Party Assembly it is verified that the Plenary will vote in majority in favour of implementing this abbreviated legislative procedure. Also, we will undertake a detailed analysis of the procedural moment in which the process of an initiative with a single reading should be decided, and thus present alternative solutions which, to our judgement, are more appropriate and compatible with the current Parliamentary Rules. Finally, we will undertake an exhaustive examination of the value acquired by the parliamentary precedent in this type of abbreviated legislative procedure and show the level of relevance reached by the existing dichotomy between simple and absolute parliamentary majorities with respect to decision making relative to the adoption of this legal channel.