Acting Government: The scope of control Comment to Decision of the Constitutional Court 124/2018, of November 14, concerning the conflict between constitutional bodies number 3102-2016 (B.O.E. num. 301, of December 14, 2018).

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Manuel Fernández-Fontecha Torres

Abstract

This article deals with a relevant constitutional issue. The existence of an interim Government in office at the time of the general elections raises the question of whether the activity undertaken by the interim Government is subject to the control and monitoring of the Congress of Deputies and the Senate once constituted. This issue is not directly clarified by the Constitution, as Articles 101.2 and 108 are not at the same level since the former is considered to be a singular rule and the latter a general clause. The ruling of the commented Constitutional Court concluded that if there is any activity of the interim Government, this can be audited.

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Keywords

trust, trust relationship, trust or fiduciary relationship, Government, interim Government, motion of censure, question of trust, powers of Houses, function of parliamentary control

How to Cite

Acting Government: The scope of control: Comment to Decision of the Constitutional Court 124/2018, of November 14, concerning the conflict between constitutional bodies number 3102-2016 (B.O.E. num. 301, of December 14, 2018). (2019). Journal of the Cortes Generales, 106, 595-607. https://doi.org/10.33426/rcg/2019/106/1402

Section

Reports and Parliamentary Case law with commentaries

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