The Senate Takes Budget Conflict with Government to Constitutional Court

Published on January 05, 2026 | Translated from Spanish
Main facade of the Spanish Senate building in Madrid, with its characteristic neoclassical facade and the Spanish flag waving.

The Senate Takes a Conflict with the Government over Budgets to the Constitutional Court

The Upper House has decided to act and raise a conflict of powers before the highest interpreter of the Constitution. This measure, promoted by the Popular Group, responds to the lack of a General State Budgets bill for the year 2026 by the Executive. 🏛️

The Core of the Institutional Conflict

The Senate perceives that the Government breaches a clear constitutional mandate: to present the public accounts before the Cortes Generales so that they can examine and approve them. By not doing so, Parliament is deprived of its essential budgetary function, altering the balance that must govern between the powers of the State. The Chamber argues that it is not possible to govern indefinitely with the accounts of a previous year.

The Key Reasons for the Action:
  • The Government does not submit the Budgets bill within the corresponding deadline.
  • This omission invades the legislative powers that the Constitution reserves for the Cortes.
  • The constitutional balance is broken by preventing Parliament from directing annual economic policy.
An extended budget is like driving while only looking in the rearview mirror: you know where you come from, but you ignore the road ahead.

The Objective: Annul Budgetary Extensions

The direct consequence sought by the Senate is that the Constitutional Court declare the successive extensions null. Maintaining the public spending of the previous fiscal year limits the Cortes' ability to act and, according to the PP, generates legal uncertainty and paralyzes investments due to the lack of a new and debated financial framework. 💼

Effects of Governing with Extended Budgets:
  • The distribution of spending is frozen, preventing the adaptation of public policies to new needs.
  • Uncertainty is created for administrations, companies, and citizens due to the lack of a clear framework.
  • Parliament's ability to control and guide the Government's action in economic matters is reduced.

A Matter of Checks and Balances

This conflict goes beyond the merely budgetary and touches the essence of the system. The Senate's request focuses on the need to respect the limits and powers of each branch. The Constitutional Court's resolution will set a precedent on the extent to which the Executive can operate without presenting new accounts before national representation. ⚖️