PNV, Junts and the Confederal Left (Sumar) will have a group in the Senate. This has been endorsed by a report by the lawyers of the Upper House that the Table had requested, with an absolute majority of the PP in this institution. The report highlights that the Senate Regulations only require, for the creation of the groups, to have 10 deputies, without asking, as is the case in Congress, for a minimum percentage. The PP has warned, however, that it will cut its advisors and deputy spokespersons when these groups reduce their size.
After hearing the report from the Senate lawyers, the Board proceeded to establish the groups that will be: Popular Group, Socialist Group, Left for Independence, composed of ERC and EH Bildu, Plural Group, which is made up of Junts, Canary Coalition , Agrupación Herreña Independiente and BNG, plus four senators borrowed from the PSC; Confederal Left, with Más Madrid, Eivissa and Formentera, Compromís, ASG and Geroa Bai, the PNV Parliamentary Group (made up of five deputies from the Basque nationalist party and another five from the PSOE, and the Mixed Group, with four senators belonging to Vox and UPN.
The report of the Senate lawyers recalls, already in its first paragraph, that the Regulations of the Upper House "differ from those of the Regulations of Congress", which means that "the criteria for interpretation and application of such norms are also different in both chambers". The Senate Regulations require for the constitution of a group that it be composed of at least 10 parliamentarians, and adds that a group will be dissolved if throughout the legislature its members are reduced to a number of less than six.
The report indicates that the first of the requirements, having at least ten senators, "is temporary in nature," and the documents presented comply with it. Regarding the provisions of article 27.3 that "senators who have attended the elections as part of the same party, federation, coalition or group may not form more than one parliamentary group", the report indicates that "the interpretation has been maintained by the Board of the Chamber is that the Regulation prohibits the creation of two or more parliamentary groups for senators from the same party, in order to prevent said party from having more than one parliamentary group, achieving a greater presence, with which the "loan of senators" has been endorsed, which does not have a "vocation for permanence" to have more representation, since the "loaned" senators later return to their political formation or move to the mixed group.
The report also points out that the continuity of the groups formed is another matter if they remain with less than six senators, which is the minimum required by the Regulations for their permanence, and emphasizes that "this should not be taken into account at the moment itself." of the constitution of parliamentary groups, since it is a provision that, according to the literal interpretation, can only be applicable to an already constituted parliamentary group" and adds that "the decrease in the number of senators in the course of a legislature up to a number less than six, it can happen for various reasons, but it always takes place at a time after the constitution", although it warns that if it remains with less than six senators, it would be automatically dissolved at the end of the session.
This part of the report is a warning since the Basque Group in the Senate (EAJ-PNV) is made up of ten senators, five from the PNV and five from the PSOE, so if the five socialists returned to the PSOE Group, the group Basque would be dissolved at the end of the session, that is, at the end of the year, since six must remain, so one of the socialists should remain.
