General election poll: Sánchez leads Feijóo by nine points as president, but PP and Vox would win up to 195 seats

In the event of early general elections in Spain, the procedure is quite set by the Constitution and the Organic Law of the General Electoral Regime (LOREG). First, the Prime Minister decides to propose the early dissolution of the Cortes and the King signs the royal decree of dissolution and election call. From there, a rigid electoral calendar is activated (with a standard period of 54 days until voting), the Government remains in office in a caretaker capacity, and after the election day, the new Chambers are constituted and the investiture process of the new president begins. If the investiture fails, even an automatic new dissolution and repetition of elections is foreseen.

1. Decision of dissolution and election call

The starting point of early general elections is the decision of the Prime Minister to propose to the King the dissolution of the Congress of Deputies, the Senate, or both Chambers, in accordance with Article 115 of the Constitution.

This decision is subject to limits:

• It cannot be adopted while a motion of censure is in process.
• It cannot be adopted during the validity of any state of exception or siege.
• A new dissolution cannot occur before one year has passed since the previous dissolution by this same means.

Formally, the King signs the royal decree of dissolution and election call, which is published in the Official State Gazette (BOE). It sets the date of the elections, which is usually 54 days after the call.

2. Caretaker government and basic electoral calendar

From the publication of the decree until the new Government takes office, the Executive passes to be in caretaker status (art. 101 CE). In practice, this limits its ordinary actions to managing current affairs and discourages it, except in justified urgency, from making decisions of great political impact.

During this period, the electoral calendar provided in the LOREG is activated, with milestones such as:

• Deadline for parties to communicate electoral coalitions.
• Submission of candidacies to the Congress and Senate and their proclamation by the competent electoral boards.
• Possible corrections and appeals against the proclamation of candidacies.

3. Electoral campaign, reflection day, and voting

Once the candidacies are definitively proclaimed, the electoral campaign opens, generally lasting 15 days. The campaign legally ends at 24:00 hours on the penultimate day before voting.

The day immediately before the elections is the so-called reflection day, during which campaigning and dissemination of electoral propaganda are prohibited.

On election day, the voting day is held, during which polling stations remain open during the established hours (usually from 9:00 to 20:00). After voting hours end, the counting at the tables proceeds, whose result is sent to the electoral boards and serves as the basis for the known “provisional count” on election night.

4. General scrutiny and proclamation of elected candidates

After election night, the general scrutiny is carried out by the provincial electoral boards, on the date and in the manner provided in the LOREG (including the definitive count of postal and external votes). This scrutiny can correct small discrepancies compared to the provisional count.

Once the general scrutiny is concluded, the boards proclaim the elected deputies and senators. Appeals against this proclamation can be filed in contentious-electoral terms as legally provided, which the Constitutional Court resolves when fundamental rights related to suffrage are raised.

5. Constitution of the new Congress and Senate

Once the elected are proclaimed, the date for the constitution of the General Courts is set, which takes place in a solemn session initially presided over by the oldest members. In that session, the Board of the Congress and Senate (president, vice presidents, and secretaries) is elected, and from there, parliamentary groups are formally constituted in the following days.

6. King's round and investiture of the Prime Minister

With the Chambers already constituted, the King opens a round of consultations with representatives designated by the parliamentary groups to propose a candidate for the Presidency of the Government.

The proposed candidate undergoes an investiture debate in the Congress of Deputies, regulated by Article 99 of the Constitution:

• First vote: requires an absolute majority of deputies.
• Second vote, 48 hours later: a simple majority suffices (more yes than no votes).

If the candidate does not obtain confidence, the King can propose other candidates. If two months pass from the first investiture vote without any candidate being invested, the King must dissolve both Chambers and call new elections, this time automatically and not at his discretion.

Once the investiture is passed, the King appoints the Prime Minister and, at his proposal, the ministers, thus closing the cycle opened by the early call and starting the legislature with a new Government in full functions.

In Spanish legislation, the Prime Minister is a constitutional figure with detailed regulated competencies, while the so-called leader of the opposition is a de facto political figure, without specific legal recognition at the state level. The Prime Minister directs the Government's action and sets the guidelines for domestic and foreign policy, coordinates the ministers, and assumes key functions in the relationship with the King and the General Courts. The leader of the opposition, on the other hand, is usually the leader of the main non-governmental group and their role is articulated through parliamentary control, criticism of the Executive, and presenting a government alternative, more by parliamentary practice than by written rule.

Competencies of the Prime Minister

Normative basis

The competencies of the Prime Minister derive mainly from the Constitution (articles on Government and relations with the Cortes) and are developed in the Law 50/1997, of the Government. This law makes explicit the principle of “presidential direction,” by which the Prime Minister occupies a position of supremacy within the Executive, and specifies his functions in relation to the other Government members, ministerial organization, and general political action.

Political direction and Government coordination

According to the Government Law, the Prime Minister:

• Directs the Government's action and coordinates the functions of the other members, without prejudice to the direct responsibility of the ministers.
• Establishes the Government's political program and determines the guidelines of domestic and foreign policy, ensuring their compliance.
• Issues instructions to the other Government members and resolves conflicts of attribution between ministries.
• Directs defense policy and exercises the functions that defense legislation and military organization assign to him.

Relationship with the King and the General Courts

Law 50/1997 details competencies that materialize the Prime Minister's position in the parliamentary system:

• Represents the Government as a whole.
• Proposes to the King, after deliberation of the Council of Ministers, the dissolution of the Congress, the Senate, or the General Courts, and the call for elections.
• Raises the question of confidence before the Congress, also after deliberation of the Council of Ministers.
• Proposes to the King the call for a consultative referendum, with authorization from the Congress.
• Endorses, if applicable, acts of the King and submits laws and other norms with the force of law to his sanction.
• Files the appeal of unconstitutionality before the Constitutional Court.

Additionally, the Prime Minister plays a role in organizing the Executive itself: he can create, modify, and suppress ministries and State Secretariats by royal decree, and proposes to the King the appointment and dismissal of vice presidents and ministers.

Relationship with the Council of Ministers and the governmental apparatus

The Prime Minister convenes, presides over, and sets the agenda of the Council of Ministers, and proposes the creation and functions of the delegated Government commissions, according to the Government Law. Furthermore, he maintains a permanent relationship with the Cortes, subject to parliamentary control, reinforced by constitutional jurisprudence on caretaker governments, as shown by the Ruling 124/2018 of the Constitutional Court, which emphasizes the Congress's duty of control even in that situation.

Figure of the leader of the opposition

Absence of specific state regulation

Searching the state regulations yields no law or regulation that expressly uses and regulates the figure of the “leader of the opposition” or “chief of the opposition” at the national level. Neither does the Regulations of the Congress of Deputies contemplate this figure with its own statute. Therefore, it is a political institution de facto, built by parliamentary and media practice, not by a specific state norm.

Political-parliamentary definition

In practice, the leader of the opposition is usually the leader of the main parliamentary group that does not support the Government. His position is supported by general formal rules of parliamentarism (rights of groups, legislative initiative, Government control) and informal rules (custom that this leader intervenes in key debates against the Prime Minister, media prominence, etc.).

Typical political functions

Although not codified in a state norm, several characteristic political functions can be highlighted:

• Control and criticism of the Government, articulating questions, interpellations, and motions through the Regulations of the Congress, which regulate control instruments but not the personal figure of the leader.
• Presentation of a government alternative, leading the alternative political program and, if applicable, leading a possible motion of censure.
• Organization of the parliamentary opposition, setting strategy and position of his group and, sometimes, coordinating positions with other non-governmental groups.
• Symbolic representation before public opinion as the main political counterweight to the Prime Minister.

Institutional comparison

From the perspective of separation of powers, the Prime Minister is a central piece of the executive power, with clearly defined competencies in the Constitution and the Government Law. The leader of the opposition, on the other hand, is not a State organ nor holds additional legal powers beyond those of any deputy or group; his relevance comes from political play and the control tools that the Regulations of the Congress and parliamentary practice provide to the minority. Spain thus combines a strongly presidentialized parliamentarism in the Executive with an institutionally uncodified but politically very relevant opposition.

The last general elections held in Spain were on July 23, 2023. In those elections to the Congress of Deputies, the PP obtained 137 seats and approximately 33.06 % of the national vote, while the PSOE secured 121 seats and around 31.68 % of the votes. The PP was the most voted force in percentage and seats, and the PSOE was the second parliamentary force.

Date of the elections and general framework

The general elections were held on July 23, 2023, in a call advanced relative to the ordinary end of the legislature. They were highly polarized elections closely followed by all political and media actors. Information about the date and overall result can be consulted, among others, in result summaries from media such as ABC, ABC – Congress 2023, Europa Press or El País (Congress).

PP result in the Congress of Deputies

The People's Party (PP) was the most voted list nationwide. According to the official count:

• It obtained 137 seats in the Congress of Deputies.
• Achieved approximately 33.06 % of the national vote cast.
• Represented an increase of 48 seats compared to the 2019 general elections, according to comparative result analyses reported by media such as RTVE – 2023 results and [link].

With this result, the PP notably expanded its parliamentary presence and positioned itself as the first force, something reflected in subsequent analyses published by various media, such as the results sheet from Antena 3 or the specials from RTVE on the count.

PSOE result in the Congress of Deputies

The Spanish Socialist Workers' Party (PSOE) was the second force both in votes and seats. According to the definitive data:

• It secured 121 seats in the Congress.
• Reached approximately 31.68 % of the national vote.
• Slightly improved its representation compared to 2019, with one more seat than in the previous general elections.

Despite not winning in votes or seats, the PSOE maintained a very high parliamentary weight, something highlighted in subsequent political analyses published, for example, in the encyclopedic summary and in the territorial breakdown by ABC or El País by communities.

Official sources and result validation

The above data come from the official count of the Ministry of the Interior and were validated by the Central Electoral Board. The official proclamation of results for the Congress of Deputies was published in the Official State Gazette on August 30, 2023, in the resolution accessible through the BOE itself: official publication in the BOE.

Additionally, the result is detailed on electoral results portals, such as the graphic and numerical summary prepared by RTVE, the comparative tables from Europa Press, or the interactive map from RTVE for Madrid. All coincide in attributing 137 seats and around 33.06 % of the vote to the PP, and 121 seats and about 31.68 % to the PSOE.

Balance between PP and PSOE after 23J

Overall, the sum of PP and PSOE comfortably exceeded half of the 350 seats in the Chamber, reflecting a strengthened bipartisanship in terms of representation, although in a very fragmented Congress due to the presence of several state and territorial parties. The PP prevailed in votes and seats, while the PSOE managed to contain the loss of support compared to what some previous polls suggested. This balance has been the subject of numerous post-electoral analyses, both in general media and in electoral behavior studies comparing the figures with previous processes, relying on historical series such as those collected in [link].