Article 113 of the
Spanish Constitution of 1978 and the Regulations of the Congress of Deputies establish the mode of operation of the motion of no confidence against the
Prime Minister of Spain. It must be proposed by at least one-tenth of the members of the
Congress of Deputies (currently 35), and it must include a candidate for the presidency of the Government of Spain. After the presentation of the motion of no confidence, the Board of Congress must meet to qualify the motion, within a maximum period of 7 days from the presentation of the motion. Once qualified, a period of two days is opened to present alternative motions, which must also be signed by 35 deputies and include a candidate for the presidency of the Government. The debate on the motion or motions of no confidence in this case cannot begin until after said period has elapsed. Next, the
presidency of Congress calls the session of the motion of no confidence, within a maximum period of 20 days, unless the General State Budgets are being processed simultaneously, in which case said maximum period begins to count at the end of its processing. In the vote of the motion of no confidence, which cannot be held in any case until five days after its presentation, it is necessary to obtain an absolute majority of affirmative votes in the Congress of Deputies in order to succeed. In Spain, following the German model, the motion of no confidence is
constructive. The group that raises the motion of censure in turn proposes a new Prime Minister. It is also continuist; it does not imply the advancement of the elections but rather the electoral calendar continues unaltered. While the motion of no confidence is pending, the Prime Minister cannot dissolve the Congress of Deputies and call elections, in order to prevent the Prime Minister from avoiding their parliamentary responsibility by calling the polls. Notwithstanding the foregoing, the Prime Minister may waive the motion of censure by resigning. In this case, the Prime Minister may continue as acting Prime Minister in office, without any possibility of being censured, but Congress is empowered to appoint a successor by simple majority at any time. If the motion of no confidence is adopted, the Government must present its resignation to the
King of Spain within 24 hours of its adoption. When the motion of censure is approved, it is understood that the Congress has granted confidence to the proposed candidate and the king must appoint them President of the Government within 15 days of its adoption, provided that the censured Government has already resigned, although it is customary to do so immediately. In the event that the motion of no confidence is not approved, those who have proposed it cannot present another within the same period of sessions. == Motions of no confidence ==