Those who do not stay: Aina Vidal and Gerardo Pisarello, the faces of Comuns who will not repeat in Congress

The Comuns-Frente Amplio candidacy does not require approval from the Congress or the Senate to run in the general elections. After its internal approval, it must comply with legal-electoral procedures before the electoral boards, not parliamentary procedures. The internal decision allows political progress but does not replace the formalization of the coalition nor the submission and proclamation of its candidacies.

1. Formalize the electoral coalition

If it runs as a coalition of parties, the member organizations must notify the agreement to the competent Electoral Board within ten days following the call. Article 44.2 of the Organic Law of the General Electoral Regime, known as LOREG, requires indicating the name, operating rules, and the persons holding the leadership or coordination bodies.

The documentation must also identify the organizations forming the coalition, their representatives, and the territorial scope of action. Jurisprudence explains that the electoral intervention verifies the regularity of these aspects; it does not equate to political approval of the agreement. This is reflected in STC 154/2003.

2. Submit candidacies by constituency

The notification of the coalition and the submission of its lists are distinct actions. Afterwards, it is necessary to submit the candidacies to the Provincial Electoral Boards for the Congress and, when applicable, the Senate, within the legal submission period.

The lists must be accompanied by the candidates' documentation: identification, acceptance of the candidacy, and declaration of not being subject to causes of ineligibility. They must also comply with legal requirements regarding composition and substitutes. The need for these declarations appears in STC 49/2000. The coalition parties cannot submit independent candidacies separate from the coalition in districts where it runs.

3. Provide endorsements when required

Article 169.3 of LOREG requires parties, federations, or coalitions that did not obtain representation in any Chamber in the previous general elections to submit signatures from at least 0.1% of the electoral census of the constituency.

This does not automatically mean that Comuns-Frente Amplio must collect signatures: the application of the requirement depends on the electoral entity running and its representation history. Internal approval alone does not determine an exemption.

4. Review defects and obtain proclamation

The Electoral Board reviews the candidacies and must communicate irregularities so they can be corrected through the remedy procedure. The proclamation is the electoral act that allows the candidacy to formally run; it should not be confused with its internal approval.

STC 163/2011 recognizes that insufficient signatures can be remedied and protects the right of access to public office against excessively restrictive interpretations.

5. Appeal a possible exclusion

Against the proclamation or its denial, one may appeal to the Contentious-Administrative Court through the electoral procedure of article 49 of LOREG. The deadline is two days from the publication of the corresponding resolution. Afterwards, electoral protection before the Constitutional Court may proceed, after using the judicial route, as explained in STC 108/1991.

In short, LOREG sets the requirements and guarantees; electoral instructions and agreements specify their application. There is no parliamentary ratification of the candidacy: the process before the polls corresponds to the electoral Administration and, if there are challenges, to the courts.

A spokesperson's main mission is to explain and defend a common political position, represent their organization, and coordinate its communication. However, it is important to distinguish between a party spokesperson and a parliamentary group spokesperson: the former holds an internal and public responsibility; the latter also has specific powers within Congress.

This difference is important to understand the reference to Aina Vidal: parliamentary powers outlined in the Rules should not automatically be attributed to a party spokesperson. The main competencies can be organized into the following areas, separating political representation from institutional functions.

1. Express the political position

The most visible task is to convey a recognizable stance on public debate issues: explain proposals, respond to criticisms, and justify agreements or disagreements. Being a spokesperson does not necessarily mean leading the party: communicating a decision and having authority to make it are distinct responsibilities. The scope to set positions depends on the internal distribution of functions, not on the Rules of Congress.

2. Represent the group before Congress

When it is a parliamentary spokesperson, there is formal representation of the group. Article 24 requires identifying who exercises it and their possible substitutes when the group is constituted. Additionally, articles 24 and 26 assign the spokesperson the acceptance of certain incorporations or associations. Therefore, they represent the group’s deputies as a whole, not Congress as an institution.

3. Participate in the organization of work

The parliamentary spokesperson is part of the Board of Spokespersons, chaired by the Presidency of Congress. Decisions are made by weighted vote: the weight of each group is linked to its representation, not simply one vote per spokesperson. According to article 67, the Presidency sets the Plenary agenda in accordance with this Board.

This allows involvement in which matters are debated and their organization but does not permit unilateral decisions. Nor does it make the spokesperson a member of the Board of Directors: the latter retains its own functions, such as admitting initiatives and determining their processing. The Board must be heard in various cases provided for in the rules.

4. Promote initiatives and coordinate priorities

The parliamentary spokesperson has specific powers to channel proposals. Article 126 allows presenting a group bill with only the signature of its spokesperson. Article 110 requires their signature, or that of their substitute, on amendment documents but specifies that it is incorporated "for mere knowledge purposes."

It is important to separate these powers from political coordination: choosing priorities, distributing work, or preparing negotiations are organizational tasks whose scope is not fully defined by these articles. Likewise, the powers belonging to the group are not unlimited personal powers of the spokesperson.

5. Defend positions in debates

The spokesperson role allows giving voice to the group, although it does not imply personally intervening in all debates. For example, in an investiture, the Rules provide for the intervention of a representative from each group; this turn is not necessarily reserved for the main spokesperson. Other deputies may also intervene according to the applicable procedure. The Presidency directs debates and grants the floor; the spokesperson may request the closure of a discussion under the terms of article 76.

6. Communicate without confusing responsibilities

In short, the public dimension consists of explaining; the organizational, in coordinating; and the parliamentary, when applicable, in representing and acting through regulated powers. To interpret an appointment like the one mentioned, the key is to identify which spokesperson role is assumed, without automatically equating party, parliamentary group, and political leadership.

The parliamentary powers described can be consulted in the Rules of Congress.

To run for Mayor of Barcelona in 2027, Gerardo Pisarello must meet the eligibility conditions and be part of a validly submitted and proclaimed municipal candidacy. It is important to distinguish between running in the elections to obtain a councilor position and then accessing the Mayor's office: the proclamation of a candidacy does not by itself mean obtaining that office. The following requirements correspond to the current legislation consulted; they must be maintained or fulfilled when the electoral process arrives.

1. Personal conditions

Article 6.1 of the Organic Law of the General Electoral Regime establishes that Spaniards of legal age who have the status of elector and are not affected by causes of ineligibility are eligible. Therefore, if he runs as a Spanish citizen, he must prove his identity and meet these conditions. Place of birth is not an impediment: what matters is nationality and the candidate's legal status.

The law also allows certain candidacies of foreigners residing in Spain, according to article 177: citizens of the European Union or nationals of countries that recognize reciprocity by treaty, provided they meet other requirements and have not lost the right to be elected in their country of origin.

2. Residency in Barcelona is not required

For a Spanish citizen, being registered as a resident in Barcelona is not a requirement to be a candidate. Nor is it necessary to be registered in the electoral census of that municipality. The Instruction of the Central Electoral Board of January 20, 2000 clarifies that even Spanish candidates not listed in the census or registry can be proclaimed, providing the required documentation. The requirement to vote in a municipality should not be confused with the requirement to run there.

3. Absence of legal impediments

He cannot be subject to any cause of ineligibility from the submission of the candidacy until the elections. Articles 6 and 177 include, among other cases:

• A final prison sentence, during the serving of the sentence.
• Certain sentences, even if not final, for crimes against public administration, state institutions, terrorism, or rebellion, when they include legally provided disqualifications or suspensions.
• Holding certain positions or functions, such as judge, prosecutor, active military, or police officer.
• Being a direct or subsidiary debtor to the City Council when there is a payment order issued by judicial resolution.

This list describes legal conditions and does not attribute any of these circumstances to Pisarello.

4. Submission and documentation

He must be part of a list submitted to the Local Electoral Board. Personal documentation includes a simple photocopy of the DNI and a signed declaration expressly accepting the candidacy and stating under oath that he is not subject to disqualifying penalties or causes of ineligibility.

The list must comply with the gender composition rules applicable to Barcelona. If an electoral grouping is used, article 187.3 requires 8,000 signatures for municipalities with more than one million inhabitants, legally authenticated. Instruction 1/2022 allows accreditation by electronic signature under the established conditions. This signature requirement applies to groupings, not to candidacies presented by a party.

5. Subsequent incompatibilities

Finally, if elected councilor, he must resolve the incompatibilities of article 178: for example, active municipal employment, certain contracts financed by the City Council, or professional representation against the corporation. The law requires choosing between abandoning the incompatible activity or resigning from the office. Running and holding office are, therefore, distinct legal verifications.