Requirements to be President: Election, Functions and MORE

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This writing reflects the Requirements to be President. In case you want to run for president, we will explain below everything related to this and what you have to comply with.

A president is the person who is in charge of directing the action of the executive branch and organizing the functions to be carried out by its members. As highlighted in the Spanish constitution.

The role of president in many countries is a fundamental position, because it is considered the head or head of a council. That is why we invite you to continue reading this article.

What are the Requirements to be President?

According to the article 11 of Law 50 of 1997, the government stressed that for a person to access this position, they must comply with the following Requirements to be President.

  • The citizen who wishes to aspire to the office of president, must be Spanish by birth.
  • Be of age.
  • The applicant must enjoy voting rights active and pasive.
  • Under no circumstances can the citizen be disqualified from holding public office.

Election to be President

The choices to choose the President of the Government of Spain, is carried out indirectly through elections to the congress of deputies, Lower House of the Cortes Generales.

The indirect form is a procedure in which the voters in an election do not choose between candidates for a specific office but rather representatives who select the public office they want.

The outgoing government concludes on election day but continues to carry out its functions until the others are proclaimed in office.

Importantly, the deputies who were elected in the elections. They should focus on a session that will take place at least between the 25 days, following when the elections are over.

Then, through the investiture procedure, the King of Spain manifests a candidate. That should receive the approval and trust of the Congress of Deputies to be proclaimed President of the Government of Spain, as determined by the Spanish Constitution.

Requirements to be President: Investment

The investiture process of the President of the goverment it is carried out through general elections. The King talks with each representative designated by the members that make up the Low camera.

After the King interviews each representative, he proposes a candidate for the presidency of the Government through the President of the Congress of Deputies.

The candidate chosen by the king is not required to be a deputy, but rather any Spanish citizen who is of legal age. Each representative must dto declare through said Congress, your proposal to Government political program you want to implement. To convince the members that make up said congress.

Each representative has a duration of 30 minutes of your speech. If any person does not agree with what the representative expresses, they have the right to a rejoinder that has a maximum of 10 minutes.

In any case, the Congress of Deputies, by means of an absolute majority of confirmed votes; then the congress places the necessary confidence in the candidate, so that the King of Spain proclaims him as President of the Government. If it is, otherwise, a vote is taken 48 hours later when the previous one has concluded.

The Second round Its purpose is that the representative must obtain a simple majority of votes. In the event that the candidate does not obtain the necessary confidence through the Lower House in the two previous votes, said candidacy is rejected.

If in two months the candidate who has won the trust of the chamber has not yet been chosen. The courts are dissolved and a new general election must be called, which must be held 47 days after.

Requirements to be President: Examples

Only on two occasions has it happened that the candidate has not obtained the confidence of Congress. It was in 2016, where the congress rejected the candidate’s application Pedro Sanchez. The investiture was repeated again, the elections in conformity governed by article 99 of the Constitution.

The second occasion was evidenced, when the congress rejected the investiture but this went to Mariano Rajoy.

Functions to be performed when being President

It is important to explain that the functions that a president of Spain must perform is governed by the Articles 97 to 116 of the Constitution, Which are the following:

Political Responsibility

The responsibility that the president must develop is based on two important institutions that are: the question of trust and the motion of no confidence.

The President of government must devise and program before the Congress of Deputies the question of confidence about your government plan. The congress of deputies must make a decision whether to vote in favor of it, with a simple majority.

In this case, the Lower House does not agree, he must resign before the king and a new cycle of investiture will begin.

Criminal liability

The supreme court is the only entity that can demand criminal responsibility from the president when it deems it necessary. Now the President of the government will carry out the following actions:

  1. The President presides over the actions of the Government and organizes the activities to be carried out by its members.
  2. Said president must represent the government.
  3. Constitute the government plan and define the rules of the previous and foreign policy so that in the end they are correctly fulfilled.
  4. Preside over the defense policy and act through the Armed Forces the functions provided for in the legislation.
  5. File the unconstitutionality appeal.
  6. To request the King to appoint and remove the Vice Presidents and Ministers.
  7. Solve the problems and conflicts of the attributions that may appear in the different ministries.
  8. Communicate the rules to other members of the government.
  9. Carry out all the other assignments granted by the Constitution and the laws.

Duration of the position

It is important to note that the duration of the office of the President of the Government of Spain may vary depending on the circumstances. However, the constitution states that it is four years, no term limits.

How is a President Removed?

To remove a president, they can do so through a motion of censure in Spain. A motion of no confidence is a process governed by the Article 113 of the Spanish Constitution, authorizes the Congress of Deputies to dispense with the trust of the Prime Minister, to force him to resign.

In that country this motion is constructive and continuous. This motion must be proposed to at least one-tenth of the members that make up the Congress of Deputies who are 35 currently, where they must include a candidate for the presidency in Spain.

When they have presented the motion of censure, the table of the congress must deliberate to authorize the motion, in a time maximum of 7 days counting from the presentation of the application. Once they have been authorized, the period of two days to file alternate motions

Requirements to be President: Procedure

It is important to note that for the vote on the motion of censure, it cannot be held under any circumstances until it has passed five days from its presentation, it is predominant that it gets the absolute majority of votes approved by the Congress of Deputies.

This The motion is constructive. The members who raise said motion, in turn, manifest a new president of the Government and a continuist, it does not imply the advancement of said elections.

It is important to note that so far only four motions of censure have been held at the national level and another 24 in autonomous cases. For example: in 1980 the Prime Minister Adolfo Suarez, the motion was rejected, in 1987 the President was Felipe Gonzalez, the request was rejected.

In 2017 the motion was rejected and for 2018 it was approved at this time the President was Mariano Rajoy, and who took the position was Pedro Sanchez of the Spanish Socialist Workers Party.

What is it?

A president in many countries is considered the head or head of a council, court or board. In democratic governments the head of state is normally elected for a certain period. It can also be the case of the executive branch when the regime is presidential.

Salary

It is important to highlight that the current President of Spain, Pedro Sanchez, charge at least 80,953.08 euros per year. In 2019, the executive branch had shown a plan that highlighted increasing the salary of the Prime Minister up to 82.978.56. However, that amount did not go forward in Congress.

The salary of the prime minister can earn at least 6,736.09 euros every month, and do not include extraordinary payments. However, this president is not the person who earns the most, but is surpassed by several regional presidents such as the Generalitat of Catalonia.

Cessation

In the event of a resignation or death of the president of the government, the entire government ceases but maintains its actions until the inauguration of the creation of a new government. It is important to highlight that what is stated in the laws, the functions of the president are held by the vice presidents or, failing that, by the ministers.

If he wishes to aspire to that position, the citizen must comply with the Requirements to be President in Spain.

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