Key data
| Regulation | Reform of the Regulation of the Congress of Deputies (modification of article 23) |
|---|---|
| Publication | July 28, 2026 |
| Entry into force | Not specified (applicable from the XVI legislature) |
| Affected parties | Political parties with parliamentary representation, especially minority formations |
| Category | Public Sector |
| General threshold (unchanged) | 15 deputies |
| New alternative route | Minimum 5 seats + 10% of votes in constituencies with representation, or 3% of total national |
| Official source | BOE-A-2026-16353 |
Minority parties with representation in Congress now have a concrete route to access the resources and rights granted by the status of parliamentary group, without needing to reach the 15 deputies required by the general rule. The reform of the article 23 of the Congress Regulation, published on July 28, 2026, introduces an alternative threshold that combines a minimum of 5 seats with sufficient electoral support: 10% of votes in the constituencies where they obtained representation, or 3% of the total votes at national level.
The change is not merely organizational: it has direct economic and political influence implications, since membership in a parliamentary group determines the funding a formation receives within the Chamber, its speaking turns and its access to the internal bodies of Congress.
What does this regulation establish?
The reform modifies exclusively article 23 of the Congress Regulation, which regulates the requirements to constitute a parliamentary group. The general rule of 15 deputies remains intact. What is added is an alternative route with cumulative conditions:
| Criterion | General rule (unchanged) | New alternative route |
|---|---|---|
| Minimum number of deputies | 15 | 5 |
| Electoral requirement | None additional | 10% of votes in constituencies with representation, OR 3% of total national |
| Fragmentation restriction | Not expressly regulated | Prohibited that deputies of the same party form separate groups |
| Artificial coalition restriction | Not expressly regulated | Prohibited that those who form a group belonged to formations that did not present themselves separately to the electorate |
The regulation also introduces two express prohibitions that seek to prevent fraudulent uses of the new threshold:
- Deputies of the same party cannot divide themselves to create separate parliamentary groups.
- Deputies of formations that ran together in elections (in coalition or grouping) cannot separate to constitute independent groups.
Economic and operational impact
Although the reform is of an organizational nature, its practical effects are of significant economic and political impact for the affected formations. Belonging to one's own parliamentary group implies:
- Direct funding: Parliamentary groups receive economic allocation from Congress to cover operating expenses and personnel. A party that moves from being in the Mixed Group to having its own group accesses significantly greater resources.
- Speaking times: Own groups have guaranteed speaking turns in the Plenary and in committees, which expands their capacity for legislative influence.
- Presence in bodies: Membership in an own group gives access to the Congress Board, the Spokespersons' Board and committees with greater representation, as opposed to the residual position of the Mixed Group.
The reform is applicable from the XVI legislature, which means it affects the current configuration of Congress and not just future elections.
Who does it affect?
- Political parties with between 5 and 14 deputies that meet the electoral thresholds of 10% in their constituencies or 3% national.
- Formations currently integrated in the Mixed Group that could opt to constitute their own group under the new conditions.
- Major and medium-sized parties, which will see the balance of forces modified in the Chamber's bodies if new groups are constituted.
- Legal advisors and compliance teams of political parties, who must verify whether their formation meets the requirements of the new alternative route.
- Congress administration, which will have to manage the possible multiplication of parliamentary groups and their economic allocations.
Practical example
A party that in the last general elections obtained 6 deputies concentrated in three constituencies, and that in those same constituencies reached 12% of votes, could not until now form its own parliamentary group for not reaching the 15 deputies required. It was forced to integrate into the Mixed Group, with very limited speaking times and without access to full group funding.
With the reform in force, that formation can request the constitution of its own parliamentary group, since it meets the two requirements of the alternative route: 5 or more seats (it has 6) and more than 10% of votes in the constituencies where it obtained representation (it has 12%). This would give it immediate access to greater funding, its own turns in the Plenary and representation in the internal bodies of Congress.
If instead that same party only reached 8% in its constituencies but had 3.5% of the total national, it would also meet the requirement, since the regulation allows satisfying either of the two electoral conditions.
What should parties do now?
- Verify the number of deputies: Check whether the formation has a minimum of 5 seats in Congress, an essential requirement to activate the alternative route.
- Calculate the electoral percentage in constituencies with representation: Review electoral results constituency by constituency to determine whether the 10% threshold is exceeded in those where at least one deputy was obtained.
- Calculate the national percentage: If the 10% is not reached by constituency, verify whether the total votes obtained at national level exceeds 3% of the total valid votes cast.
- Review the fragmentation prohibition: Ensure that the formation does not intend to divide deputies of the same party into different groups, which is expressly prohibited by the reform.
- Review the artificial coalition prohibition: Confirm that the deputies who would form the group did not belong to formations that ran jointly before the electorate without presenting themselves separately.
- Initiate the procedure before the Congress Board: If the requirements are met, submit the formal request for constitution of a parliamentary group within the deadlines established by the Chamber for the XVI legislature.
Frequently asked questions
How many seats does a party need to form its own parliamentary group with the new reform?
With the reform of article 23 of the Congress Regulation, there are two routes. The general rule, which does not change, continues to require 15 deputies. The new alternative route allows forming a group with a minimum of 5 seats, provided that it also demonstrates 10% of votes in the constituencies where representation was obtained, or 3% of the total national votes.
What concrete advantages does having your own parliamentary group have compared to being in the Mixed Group?
Having your own parliamentary group implies three direct advantages: greater funding from Congress for operating expenses and personnel, own speaking times in the Plenary and in committees, and presence in the internal bodies of the Chamber (Board, Spokespersons' Board, committees). The Mixed Group brings together parties without their own group and distributes these resources very limitedly among all its members.
Can a party divide its deputies into several parliamentary groups to benefit more?
No. The reform expressly prohibits deputies of the same party from forming separate parliamentary groups. Nor can deputies form their own group if they belonged to formations that did not present themselves separately before the electorate, that is, that ran in joint coalition or grouping.
Since when is this reform of the Congress Regulation applicable?
The reform is applicable from the XVI legislature, which means it affects the current configuration of Congress and not just future general elections. The publication date in the BOE is July 28, 2026. The exact date of entry into force has not been specified in the regulation.
What happens if a party has 5 deputies but does not reach 10% in its constituencies or 3% nationally?
In that case, the formation cannot use the alternative route and also does not meet the general threshold of 15 deputies. It must integrate into the Mixed Group, without access to the rights and funding of its own parliamentary group. The two electoral requirements (10% by constituency or 3% national) are cumulative conditions to the minimum of 5 seats, not optional.
Official source
Consult complete regulation in official source
Notice: This article is merely informative in nature and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16353