SPAIN SEEMS THAT HE DOESN'T WANT TO FIND GOVERNMENT THIS SHOULD WORRY

It is not still known who will be under conditions of being invested president of the Government, good I wonder if one doesn't know or it is not wanted to know because the truth is that this situation gives for a lot, first we have all the old politicians of all the tendencies outside of the geriatric fomenting coup d'etat to the different current powers, they threaten and the presidents of their former parties criticize. 

There are them that they already request the article 155 of the constitution for Catalonia when this it is the one that less he enters in the Spanish mess, but it is that there are an institution and industry at the same time that this situation goes him of pearls to feel certain and with authority to direct what all should make and to be made of gold selling these opinions to which more extravagant sometimes, I refer to the written press and the programs of information and gathering of televisions and radios. 

In definitive, all these characters still complicating are really more the Spanish constituent process (that sew now it is that Spain is the same as Catalonia making its own constituent process) although he refers alone to the government of the nation with this whole mess the King's paper has charged a special relevance. Perhaps be useful to remember which their concrete constitutional duties are, as well as the generic obligations that are derived of their position in the parliamentary régime that governs us. 

Look as in two precepts of the Constitution (CE). The first one is the article 99.1, of the one that alone we have seen a part: the one that refers to the encounters with political leaders. Indeed, the King has already carried out a beat of consultations with the leaders of the political groups with parliamentary representation. Without success, so, for the time being, it doesn't seem to have a viable candidate, because in the second beat they will be the same ones you lead with the same postures. 

The King has opened a new beat of consultations awaiting that the political forces make the indispensable pacts to assure most necessary for the investiture. It is not known when those pacts can arrive, neither so at least if they will take place, so it is convenient to remember the final parenthesis of the art. 99.1 CE: The King "through the President of the Congress, a candidate will propose to the Government's" Presidency.  

The Boss of the State has the duty, and not alone the ability, of giving a name. He doesn't have why that of a parliamentarian to be. It should be that of a person that fulfills the requirements that the Government's law imposes in its article 11: he should be a person of Spanish nationality, bigger than age, with possibility of exercising their vote rights and that it is not disabled strong for the exercise of public positions by judicial sentence. 

As that he opens the number of possible candidates a lot, that takes us to another constitutional precept, to ponder the grade of discretion of which the king prepares. In the art. 56.1 CE is indicated, with an expression of sonority very old that the Boss of the State "arbitrates and it moderates the regular operation of the institutions." It should be interpreted it as the ability and the duty of looking for solutions to the political conflicts, always with the objective that the life of the institutions is developed according to that foreseen by the norms that govern them.  

To the King he is not given any power there with juridical effects. Their indications are endorsed and their capacity is legitimated of influencing, and not of deciding outside of what the same Constitution allows him. For this reason, it doesn't fit that the King for itself can dissolve the Congress if he doesn't find any candidate. The breakup is not in hands of the King. The decision could take it the Government's president in fullness of its functions (art. 115.1 CE), that that now is not the case. Or, the cameras are dissolved automatically for the King if, lapsed two months from the first investiture voting, no candidate has achieved the necessary votes (art. 99.5) but it is clear that he has to have a first investiture 

In view of the situation, in which the formation of any majority is not sighted for the investiture, the King cannot remain indefinitely passive, awaiting what they decide the parties. For them there are not terms, but the king has the duty of assuring the regular operation of the institutions and for consequence of the country. And the one that one of the uncertainties is eliminated is in their hands. In principle, the King can decide when it proposes the candidate's name, but the election of the moment should keep in mind the necessity that the institutions work. And they don't work well if one lacks of them that it can act in the fullness of their attributions. 

For this reason, the King a candidate could propose to the Government's presidency, even knowing that it can be rejected by the Congress. As minimum, the term would begin to count, and we would know that, as not well smaller, in two months the word is returned to the town so that it tunes better if it is that he can because if everything follows the town equally he voted same point more or pointless. In any event, I believe that it serves to the representative democracy. In the parliamentary regimens, the cameras have two tasks: a, the one of representing to the citizenship; other, inexcusable also, to decide on the government's formation. If that last function is not exercised, a fundamental part of the current democracy is frustrated: the government of the town, for the town, through their representatives.