Abstract
This article is about the relationship between the Parliament and the caretaker Government. During two terms — XI and XII —, since the dissolution and call elections on 26th October 2015 to the election by the Congress of Deputies of the President of the Government on 29th October 2016, there have been a large period without precedent in the Spanish Constitutional system, during which the Parliament has been ready to fulfill its role, except for appointing a new Prime Minister according to section 99 of the Spanish Constitution. On the other side the caretaker Government has legal limitations such as to introduce the budget, bills, or other activities, and should remain strictly limited to ensure the maintenance of the administration. In these circumstances the caretaker Government took the line that it would not be necessary to be submitted to the parliamentary control. As a result of that the Lower House has adopted the decision to submit this conflict before the Constitutional Court.
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