Significant changes in the functioning of the Parliament have arisen due to the Electoral Court’s decision to remove three members from the Spartans political party, which is notable in parliamentary terms.
The Presidency of the Parliament is currently awaiting the official ruling from the Supreme Special Court to carry out the necessary decisions, marking a historic moment as the Plenary will operate with 297 deputies instead of the usual 300 for the first time since the post-coup era.
Conflicting Perspectives on Reducing Deputy Numbers
Behind the scenes, legal and constitutional experts hold contradictory views regarding whether the decrease in the number of MPs should affect the majority thresholds required to introduce motions, pass legislation, and amend the Constitution.
Currently, most parliamentary officials believe that the relevant majority thresholds should be reduced. For instance, the majority required of 151 could be adjusted to 149.
Conversely, some argue based on Rule 74 of the House Rules, which differentiates between votes requiring percentage majorities (e.g., 3/5ths of MPs) and those based on the number of seats held.
Specifically, paragraph 1 of Rule 74 of the Rules of the House of Representatives states:
“1. Whenever the Constitution or the House Rules stipulate a certain number of Members of Parliament for submitting a motion or making a decision, the percentage shall be calculated based on the total number of Members of the Plenary Assembly, excluding fractions, notwithstanding any contrary provisions.”
This includes, among other matters:
– The threshold for proposing a no-confidence motion against the government decreases from 50 MPs to 49.
– The requirement for forming a commission of inquiry drops from 60 MPs to 59 out of 297 (noting that 30 MPs’ signatures are necessary for filing a preliminary inquiry motion according to the Constitution and House Rules).
Some constitutionalists cite that the 2nd paragraph of Article 74 establishes certain votes with an “inelastic” majority threshold tied strictly to the total number of plenary seats, regardless of vacancies.
Specifically, it states:
“2. Where the Constitution requires an absolute majority of all MPs to make a decision, this majority shall be calculated based on the total number of seats within the Council.”
If this perspective prevails, the threshold for:
– Approving proposals for establishing a preliminary investigation commission, or referring ministers to the Judicial Council.
– Legislation regarding boundary changes will remain at 151, even with Parliament operating at 297 deputies.
The Paradox of Constitutional Review
This perspective creates certain paradoxes that Parliament will need to navigate in the upcoming Constitutional Review. The lower threshold of 151 remains unchanged, while the upper threshold of 180 decreases to 178.
Spartans’ Dissolution and an 8-Party Parliament
The disqualification of B. Stigas, P. Dimitriadis, and A. Zervea will lead to the dissolution of the Spartans coalition, as they will fall below the required number of MPs, resulting in a Parliament comprised of 8 parties.
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