Salvador Illa Turns His Back on Parliament Despite His Government's Weakness

The Government of Salvador Illa has received an important warning from the Consell de Garanties Estatutàries (CGE). The legal-consultative body has questioned the approval of the increase in the tourist tax and the property transfer tax through decree-laws. It warns that the conditions for this do not exist and recommends doing so through legislative bills.

The warning comes after Junts brought the opinions to the CGE. They argued that there was no urgent reason justifying the processing of the measures through the decree-law formula. They accused the PSC of violating the rules of Parliament and governing behind the chamber's back by decree.

The Government has accepted the jurists' warning and promises to "review" the opinions. But the depth of the resolution goes further because it questions a way of governing that doesn't correspond with the correlation of forces in the chamber.

Illa Breaks His Willingness for Consensus

The Government of Salvador Illa has found in ERC, the Comuns, and the CUP a broad front to rely on to stabilize the legislature. The progressive parties showed an excellent harmony in the recent housing agreement. 

This has allowed ERC and Comuns to lift the veto for negotiating the credit supplement. The CUP also takes advantage of the moment to seek new agreements with the socialists. Illa thus dispels the ghosts of the crisis and supports his majority in the front against the right and far-right in Parliament.

In this whirlwind, the Government of Salvador Illa has been tempted to govern behind Parliament's back. This is not only risky considering the fragile majority of the progressive coalition. It also questions the spirit of consensus and outreach with which Salvador Illa began his government last August.

Illa Follows in Pedro Sánchez's Footsteps

The Government of Salvador Illa resorts to the decree-law as a shortcut to approve measures without wearing out. The formula is not new. In fact, Illa is copying President Pedro Sánchez's strategy of resorting to the decree-law to hide his Government's weakness.

Decree-laws are norms with the force of law approved in the Council of Ministers with extraordinary and urgent character. Legislative bills are norms approved through the ordinary channel. The decree-law is a norm dictated by the Government, while the legislative bill is a norm approved by Parliament at the Government's proposal.

President Pedro Sánchez has been the president of the Government who has most abused the decree-law, turning the exception into the norm. Sánchez governs by decree to avoid each vote becoming a nightmare, given the division of his partners. Illa now feels tempted to follow the same path, but the Consell de Garanties has given him an important warning.

Governing by decree is the opposite of seeking consensus, and far from avoiding division, it usually results in greater polarization. It also deepens the authoritarian drift of Parliament, with the sanitary cordons and the excuse of hate speech to censor the opposition.