The Bureau of the Congress, that will solve this afternoon on the formation of parliamentary groups, stresses that precedents do not have force of law
This afternoon, at half past eight, the General Committee shall take a decision on the formation of parliamentary groups in the House, and specifically on the possibility that Amaiur have their own, which would secure the same time in the debates that the PP or the PSOE, plus a fixed position on the Board of Spokespeople and financial and material resources. The final decision rests with the Bureau, where the PP has a majority, with five of its nine members. Yesterday, the Popular Party spokesman, Alfonso Alonso, insisted on denouncing the "trick" of Amaiur to try to circumvent the regulation , leaving his deputy home in Navarre, who had not reached 15 percent of the vote in his constituency that the law requires. However, Alonso made clear that the Bureau shall decide the matter in full "legal support", according to the report carried out by the lawyers.
Sources of the governing body of Congress explained that the legal services of the House, which formally have only half an hour to make the reports ( the time to ask entire group at eight ), usually made legal considerations, without recommendations, although a conclusion can be deduced. Thereafter, the Board makes final interpretation, as the Constitutional Court ruled, "but always and exclusively from legal criteria, and not by arbitrary or otherwise," insist the same sources.
Previous cases
Certainly there are precedents for decisions of the Bureau for formation of parliamentary groups, although not strictly enforced as dictated by the Regulations. It happened with the PNV, when no more than 15 percent in Navarre, and with ERC, when not reached that number in Valencia, and yet able to form their group in Congress. Within the current officers, the PP states that have no precedent force of law, and often are used as they should. Thus, for example, from the PP are reminded that if they are talking about above, they may argue that his stance against Amaiur group is consistent with its rejection, the last term, the group that formed more IU-ICV ERC, the "loan" temporary members of BNG. "In the case of Amaiur, from a legal standpoint, it seems very clear that it meets the legal requirements", insist on the PP, waiting for what they consider the reports of the lawyers.
In an interview on ABC Radio Punto , the Popular Party spokesman said his party will "not to make forced interpretations of the Regulation or twist the interpretation of the rule to accommodate Amaiur with his own group." He also recalled that a Amaiur would have earned a deal with the deputy for Gero-Bai Navarra , as this would exceed the required 15 percent of the vote. Now that agreement is impossible because the deputy Amaiur by the province did not comply with the Constitution and has the full status of parliament. "Amaiur has shown a manifest inability to find agreement with any other group," said Alonso.
Even the Socialist Party spokesman Jose Antonio Alonso, argued that the Bureau should make "a legal interpretation of the Regulation" based on "reasonable legal opinions." Thus, he insisted that this decision will not be "discretionary, but of legality and Regulation in the hand."
Given these positions, the Minister of the Presidency in office, Ramon Jauregui, was in favor of the Bureau to make a flexible interpretation so as to enable Amaiur, and also UPyD (which achieved 4.69 percent of the votes in Spain, compared with 5 percent required by the standard), having a group. Jauregui believed that there would be "an air of normalcy and vision."