What can Spain's caretaker government do on Gibraltar before a new government is formed?

Short answer

Until polling day on Sunday 29 November 2026, the Sánchez government keeps its normal powers. From then until a new government takes office, it acts in a caretaker capacity limited to ordinary business, unless urgency or the general interest is expressly justified.

Detailed answer

Under Article 101 of the Spanish Constitution, the government ceases after a general election and continues in a caretaker capacity until the new government takes office. Until polling day on Sunday 29 November 2026, the Sánchez government keeps its normal powers. See our Spanish election tracker.

Limits on a caretaker government

• It is limited to the ordinary dispatch of public business, except in expressly justified cases of urgency or general interest (Law 50/1997, Article 21).
• It may not approve a draft budget or present bills to Parliament.
• The acting Prime Minister may not propose dissolution, a confidence vote or a referendum.

What this means for Gibraltar

The treaty's day-to-day operation, including the Schengen checks by Spanish officers at the port and airport, continues as ordinary administration. Major political decisions, such as seeking suspension or termination, would appear to fall outside ordinary business unless expressly justified.