For the first time in Spain’s history, the Constitutional Court (Tribunal Constitucional) will address an issue that directly affects the country’s financial stability and the rights of parliament. The Senate has accused the government of failing to present new national budgets for 2024, 2025, and 2026, instead repeatedly extending old financial plans for several consecutive years. This decision has sparked heated debates about the legality of such actions and how they impact the state’s control over expenditures and revenues.
The Senate argues that the continued extension of the 2023 budget deprives parliament of the opportunity to discuss and adjust state spending. According to senators, the government is bypassing parliamentary oversight by using decrees to amend sections of the budget, which undermines democratic principles and disrupts the balance of power. As reported by El Espanol, senators are demanding that the court declare such actions unconstitutional and require the Cabinet to promptly prepare a draft budget for 2026.
Reasons for the conflict
The essence of the conflict lies in the fact that under the Spanish Constitution, the government is required to submit a draft budget to parliament every year no later than three months before the previous one expires. However, in recent years, the Cabinet has failed to meet this obligation, and all attempts to agree on new spending and revenue parameters have collapsed. The Senate, where the opposition holds the majority, believes this undermines trust in the executive branch and infringes on the rights of parliamentarians.
There was particular discontent over the government’s use of decretos-ley (decree-laws) to amend the budget, bypassing full debate in both chambers. Senators believe such actions not only limit their role in shaping financial policy, but also set a dangerous precedent in which the executive branch can manage public finances without oversight from elected representatives.
Arguments of the Parties
The Senate insists that extending the budget for several consecutive years turns a temporary measure into a permanent practice, which contradicts the principle of annual budgeting. According to parliamentarians, this not only infringes on their authority, but also deprives citizens of the opportunity to influence the allocation of public funds through their representatives. Furthermore, senators point out that the government failed to fulfill its obligations to coordinate budget stability and national debt targets, further complicating the situation.
The government, in turn, refers to the difficult political situation and challenges in forming a majority to approve new budgets. However, the Senate maintains that such explanations cannot justify violations of constitutional standards or the bypassing of parliamentary procedures. As a result, the dispute has reached the Constitutional Court, which now must decide whether the rights of the Senate and citizens have been infringed.
Possible Consequences
If the court declares the government’s actions unconstitutional, this could lead to significant changes in Spain’s budget process. The Senate is not only demanding that the 2023 budget extension be annulled, but also that clear deadlines be set for preparing a new financial plan. In addition, the court’s decision may affect the balance of power between the executive and legislative branches, as well as citizens’ trust in state institutions.
According to Ale Espanol, such a conflict between the Senate and the government has arisen for the first time, and its outcome could set a precedent for future disputes over the division of powers. If violations are confirmed, an initiative to dissolve parliament and call new elections is possible if the Cabinet fails to fulfill its obligations to the legislative branch.
In recent years, Spain has already faced challenges approving the budget. For instance, in 2018 and 2019, the government also had to extend previous financial plans due to a lack of parliamentary support. At the time, this sparked heated debates but did not reach the Constitutional Court. Now the situation has escalated due to a prolonged absence of new budgets and ongoing tensions between branches of power. The court’s decision could become a turning point for the entire system of public financial management.
