What are the deadlines to form a Government after the General Elections?

After the General Elections of this April 28, it is time to talk about the deadlines that, from this Monday, the political parties with broad parliamentary representations will have to form a Government.

A little over three years ago we witnessed how, for the first time in a democracy, the term was running out, first with the investiture pacts between PSOE and Citizens that did not receive the simple or majority support of the lower house, and that would lead to the subsequent General Elections of June 2016. And although in that electoral contest Mariano Rajoy was invested after several attempts and costing the position for his “no is no” as Secretary General of the PSOE to Pedro Sánchez, the majority of citizens are not clear about the deadlines – if any – that the parties have after the elections to form a Government .


The Spanish Constitution does not mandate any maximum period when forming a Government, although article 99.5 establishes that “From the first investiture vote, the time will be two months” to be able to form an Executive. But since the parties agree who will be the President of the Congress of Deputies – who must be elected approximately one month after the Elections – and begin negotiations to try to obtain an investiture by an absolute or simple majority, there is no established time limit. , as we could already see in the aforementioned elections of 2015 and 2016, prior to those of next Sunday.

Therefore, the question is: And if they fail to call an investiture vote? Well, the Spanish legislation in that section simply does not say anything, this issue was not legislated, which leaves the door open to the fact that we can legally be in that situation indefinitely. In this sense, it is appropriate to recall the case of Belgium, which only four years ago was without a government for more than 500 days due to the inability of its leaders to reach agreements.

In this way, and in the face of a political panorama that according to pre-electoral polls continues to be full of doubts due to the difficult formation of an absolute majority of both the left and the right bloc, legally it is possible to see time being delayed without any candidate being able to apply for an investiture session.