PNV, Junts and the Confederal Left (Sumar) will have their own group in the Senate, as they are formed with senators borrowed from the PSOE. This has been endorsed by a report from the lawyers, which has been assumed by the Board, with a majority from the PP. The report highlights that the Senate regulations only require ten representatives to form a group, without asking, as in Congress, for a minimum percentage.
The report of the Senate lawyers recalls, from its first paragraph, that the regulations of the Upper House differ from the regulations of Congress, and the criteria for the interpretation and application of such norms are "different." In the Senate, at least ten senators are required to form a group, and adds that a group will be dissolved if throughout the legislature that number is reduced below six, something that does not have to be taken into account when forming it. , but after.
The report indicates that the requirement of the ten senators "is temporary in nature", and the writings presented by PNV, Junts and Izquierda Confederal comply with them, because although the regulations indicate that "senators who have attended the elections as part of the same party, federation, coalition or group will not be able to form more than one parliamentary group", the interpretation that has been made is that it is about preventing the division from giving them more presence, which endorses the "loan of senators ”. The Chamber's legal services conclude in the report that the transfer of senators is a common practice that “meets the established requirements” for the constitution of parliamentary groups.
The report warns, however, about the continuity of groups that are later left with less than six senators if those loaned return to the PSOE, which could happen to the PNV and Izquierda Confederal. An issue that should be analyzed a posteriori and “should not be taken into account at the moment of constitution,” since this precept can only be applied to established groups. The decrease can occur for multiple 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.
Thus, the Upper House will be made up of the popular group; the socialist; that of Left for Independence, composed of ERC and EH Bildu; the plural group, which is made up of Junts, Canarian 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, as well as five senators from the PSOE; the PNV parliamentary group, made up of five elected officials from this party and another five from the PSOE; and the mixed group, with four senators from Vox and UPN.
