COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Spain Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Spain, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 809 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report            Country Chapter on the rule of law situation in Spain Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                                       The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 822 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

The Spanish justice system is still undergoing some important developments. The situation of 
the  Council  for  the  Judiciary  raises  serious  concerns  as,  firstly,  the  Council  has  not  been 
renewed  in  spite  of  the  urgency  and,  secondly,  no  steps  have  been  taken  to  adapt  the 
appointment procedure for its judges-members. The lack of renewal is having an impact on the 
work of the Supreme Court and the justice system as a whole, raising concerns in relation to 
the  number  of  cases  adjudicated  by  the  Supreme  Court  and  its  length  of  proceedings.  No 
measures have been taken to further strengthen the statute of the Prosecutor General. An Ethics 
Commission  for  prosecutors  was  established.  The  Council  for  the  Judiciary  appointed  two 
members of the Constitutional Court after some delay. The incompatibilities regime for judges 
with other professions such as political appointments  continues to raise concerns. Measures 
were taken to further enhance the quality of justice, including legal aid,  digitalisation and a 
draft law on the  right  of defence. The number of judges increased,  and  measures  are being 
taken to  address  challenges  regarding the resources of  the justice system. The efficiency of 
justice generally improved and laws are under preparation aiming to further enhance it. 

A reform on criminal procedure to address the length of investigations and prosecutions, and a 
draft law on lobbying are pending. The reform of corruption-related offences introduced the 
offence of illicit enrichment and revised the offence of misappropriation, including by lowering 
penalties in some instances, which was criticised by stakeholders. The Government received a 
mandate to adopt an anti-corruption strategy, which will have to be finalised by summer 2024. 
The efficiency of the Council of Transparency and Good Governance has improved. Rules on 
conflicts of interest of top executive officials are not sufficiently implemented. The Integrity 
System of the General Administration to improve the integrity of the public sector has been 
approved and the systems of incompatibilities of the National Police and Civil Guard are still 
under revision. Despite a formal request by the Court of Auditors, the Law governing financing 
of political parties remains unchanged. Parliament approved legislation aimed at transposing 
the Whistleblower Directive. 

The  National  Commission  for  Markets  and  Competition,  appointed  as  media  regulator,  has 
been allocated additional resources. Further to the adoption of the audiovisual law in 2022, the 
national  registry  of  providers  of  audiovisual  services  has  still  to  include  providers  of  video 
sharing platforms and providers of services of special relevance. The Government has worked 
on a draft law on access to classified information that has not been submitted to the Parliament 
yet.  There  have  been  no  new  developments  regarding  the  legal  framework  for  institutional 
advertising  and  demands  for  increased  transparency  in  the  distribution  of  institutional 
advertising  remain.  Journalists  continue  to  face  challenges  in  the  performance  of  their 
professional activities.  

Concerns  have  been  raised  regarding  certain  procedural  practices  in  Parliament.  The 
Government  continued  to  implement  initiatives  to  increase  public  participation  in  policy 
making, and Parliament passed a Public Policy Evaluation Act. The Parliament adopted a new 
law  establishing  an  Equality  Body.  The  appointment  of  members  of  certain  independent 
authorities  continues  to  suffer  delays.  The  Constitutional  Court  published  an  action  plan  to 
accelerate proceedings. Negotiations in the Parliament on a reform on the Citizen Security Law, 
aiming to address the concerns from civil society, did not succeed.  

1 

 
 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Spain has (made): 

  No further progress  on  strengthening the statute of the Prosecutor General,  in  particular 
regarding the separation of the terms of office of the Prosecutor General from that of the 
Government, taking into account European standards on independence and autonomy of 
the prosecution. 

  No progress on proceeding with the renewal of the Council for the Judiciary as a matter of 
priority  and  initiating,  immediately  after  the  renewal,  a  process  in  view  of  adapting  the 
appointment of its judges-members, taking into account European standards. 

  Significant progress on continuing efforts to table legislation on lobbying, including the 

establishment of a mandatory public register of lobbyists. 

  No  progress  on  addressing  the  challenges  related  to  the  length  of  investigations  and 

prosecutions to increase the efficiency in handling high-level corruption cases. 

  Fully implemented the recommendation  on ensuring adequate resources  for the national 
audiovisual media regulatory authority to strengthen its operations, taking into account the 
European  standards  on  the  independence  of  media  regulators  in  particular  as  regards 
resource adequacy. 

  Some  progress  on  pursuing  work  to  strengthen  access  to  information,  in  particular  via 

revision of the Law on Official Secrets. 

On this basis, and considering other developments that took place in the period of reference, 
and in addition to recalling the commitments made under the national Recovery and Resilience 
Plan relating to certain aspects of the justice system, it is recommended to Spain to: 

  Strengthen the statute of the Prosecutor General, in particular regarding the separation of 
the  terms  of  office  of  the  Prosecutor  General  from  that  of  the  Government,  taking  into 
account European standards on independence and autonomy of the prosecution.  

  Proceed with the renewal of the Council for the Judiciary as a matter of priority and initiate, 
immediately after the renewal, a process in view of adapting the appointment of its judges-
members, taking into account European standards on Councils for the Judiciary.  

  Proceed to adopt legislation on lobbying, including the establishment of a mandatory public 

register of lobbyists.  

  Step  up  efforts  to  address  the  challenges  related  to  the  length  of  investigations  and 
prosecutions to increase the efficiency in handling high-level corruption cases, including 
by finalising the reform of the Code of Criminal Procedure.  

  Strengthen  the  rules  on  conflicts  of  interest  and  asset  declarations  of  persons  with  top 
executive  functions  by  reinforcing  the  sanctioning  power  of  the  Office  for  Conflicts  of 
Interest.  

  Advance with strengthening access to information, in particular via revision of the Law on 
Official Secrets, taking into account European standards on access to official documents.  

2 

 
 
 
 
I. 

JUSTICE SYSTEM  

The  Spanish  judicial  system  is  composed  of  courts  of  general  jurisdiction1  and  specialised 
courts2, and is  structured  in  accordance with  the territorial  organisation  of the country. The 
Supreme Court is the highest judicial body in all areas of law. The General Council for the 
Judiciary, established by the Spanish Constitution, is the body of judicial self-governance, and 
ensures  the independence of courts and judges3. As such, it does not  itself form  part of the 
judiciary.  It  exercises disciplinary  action  and is  competent  to  appoint, transfer and promote 
judges,  as  well  as  being  responsible  for  the  training  and  recruitment  of  judges.  The 
Constitution4 and an organic law5 regulate the Constitutional Court, which is not formally part 
of the judiciary. The public prosecution service is integrated in the judiciary with functional 
autonomy, and pursues the mission of promoting justice in defense of the law, the rights of the 
citizens and the general interest. The Prosecutor General is appointed by the Head of State, 
upon proposal of the Government, following the consultation of the General Council for the 
Judiciary6. Spain participates in the European Public Prosecutor’s Office (EPPO). The Solicitor 
General of the State is  a senior official of the Ministry of Justice in charge of directing the 
Legal  Service  of  the  National  State  Administration.  The  Local  Bars  are  public  law 
organisations of professionals, independent from the public administration and do not depend 
on the budgets of the public authorities, nor are their assets public. They have competences for 
the organisation of the profession and professional deontology, and approve their own code of 
ethics. 

Independence  

The  level  of  perceived  judicial  independence  in  Spain  continues  to  be  low  among  the 
general public and is now low among companies. Overall, 34% of the general population 
and 34% of companies perceive the level of independence of courts and judges to be ‘fairly or 
very good’ in 20237. According to data in the 2023 EU Justice Scoreboard, no clear trend can 
be identified in the evolution of the perceived level of independence since 2016. The perceived 
judicial independence among the general public has decreased in comparison with 2022 (38%), 
but  it  is  higher  than  in  2016  (30%).  Similarly,  the  perceived  judicial  independence  among 
companies has decreased in comparison with 2022 (41%), but it is slightly higher than in 2016 
(33%). 

The situation of the Council for the Judiciary raises serious concerns as, firstly, there has 
been no progress on its renewal in spite of the urgency and, secondly, no steps have been 
taken  to  adapt  the  appointment  procedure  of  its  judges-members  taking  into  account 
European standards. The 2022 Rule of Law Report recommended to Spain to “proceed with 

1   Covering the fields of civil, criminal, administrative and social law. In total, there are 2298 first instance courts 

of general jurisdiction. 

2   Commercial  courts,  EU  trademark  courts,  courts  with  special  duties  in  the  matter  of  criminal  sentencing, 
juvenile courts, courts dealing with violence against women, and other specialised courts that can be created 
by resolution of the General Council for the Judiciary. In total, there are 1588 first instance courts of specialised 
jurisdiction. 

3   Art. 117 of the Spanish Constitution enshrines the independence of magistrates and judges. 
4   Art. 159 of the Spanish Constitution. 
5   Organic Law 2/1979, of 3 of October.  
6   Art. 124(4) of the Spanish Constitution. 
7   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

3 

 
                                                           
the renewal of the Council for the Judiciary as a matter of priority and initiate, immediately 
after the renewal, a process in view of adapting the appointment of its judges-members, taking 
into  account  European  standards”8.  The  Council  for  the  Judiciary  continues  exercising  its 
functions ad interim since December 2018, increasing the concerns referred to in previous Rule 
of  Law  Reports9.  In  its  report  on  Spain  of  December  2022,  the  Group  of  States  against 
corruption (GRECO) has considered the deadlock of the renewal to be a critical concern10. On 
10 October 2022, the President of the Council for the Judiciary (who also held the position of 
President of the Supreme Court) resigned11, arguing that the absence of renewal was weakening 
and eroding the rule of law in Spain, and was leading to a clear deterioration of the situation of 
the Supreme Court and of the Council for the Judiciary12. Following his resignation, the two 
main political parties in Parliament relaunched negotiations to appoint the new members of the 
Council13,  which  were  halted  on  27  October  202214  with  no  further  progress  since  then15. 
According to the law16, the Presidents of the Congress and of the Senate must take the necessary 
measures to ensure that the Council is renewed in due time. Stakeholders have criticised the 

8   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2 
9   2022, 2021 and 2020 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp 3-5, pp. 

2-4, and pp. 2-3 respectively. 

10   GRECO, Fourth Evaluation Round – Addendum to the Second Compliance Report, December 2022, para. 16. 
11   In March 2023 another member of the Council resigned, resulting in the Council having 17 members out of 

the 21 established by the Constitution. 

12   Speech of the President of the Supreme Court and the Council for the Judiciary regarding his resignation, 9 

October 2022. 

13   According to Art. 122(3) of the Spanish Constitution, the Council consists of the President of the Supreme 
Court (chairing) and of 20 individuals – 12 judges or magistrates, and 8 lawyers or other jurists of recognised 
competence  with  more  than  fifteen  years  of  professional  practice.  The  Parliament  is  responsible  for  the 
appointment of all its members which is subject to a qualified majority of three fifths. While the Constitution 
requires the eight lawyers and other jurists to be appointed by a three-fifths majority in each chamber of the 
Parliament (four by the Congress and four by the Senate), it does not specify how the members representing 
judges are to be appointed. 

14   On  that  day  the  main  opposition  party  decided  to  suspend  negotiations.  See  Partido Popular  (2022), Press 

release of 27 October 2022.   

15   In this regard, the Venice Commission has stressed the importance of providing for qualified majorities but 
warned about the risk of stalemates and recommended to devise effective and solid anti-deadlock mechanisms. 
Venice  Commission  2010,  Report  on  the  Role  of  the  Opposition  in  a  democratic  Parliament,  CDL-
AD(2010)025 and Venice Commission 2019, Report on the relationship between the parliamentary majority 
and the opposition in a democracy: a checklist, CDL-AD(2019)015. In particular, the Commission of Venice 
has pointed that the “blocking power” of the opposition is not absolute and that a qualified majority rule in the 
matters of appointment should not prevent for a very long time the appointment of members of a collective 
body, since without them the State cannot function adequately. While each State has to devise its own system, 
in its Opinion to Montenegro on the draft law on amendments to the law on the Judicial Council and judges 
(CDL-AD(2018)015-f), the Venice Commission has pointed that a possible alternative solution would be the 
partial appointment of members of the Council for the Judiciary that have already the support of a qualified 
majority, such as the lay members. 

16   Art. 568, Organic Law 6/1985 of the Judicial Power. The Presidents of the Congress and the Senate must take 
the  necessary  measures to ensure that the  Council [for the Judiciary] is renewed  in due time. In the  wider 
context  of  the  consequences  of  the  prolonged  non-renewal  of  the  Council,  the  European  Court  of  Human 
Rights, in its judgment of 22 June 2023 (Lorenzo Bragado and Others v. Spain, 53193/21 and 5 others), found 
that  there  had  been  a  violation  of  Article  6  of  the  European  Convention  of  Human  Rights  in  the  way  the 
Constitutional Court rejected as “out of time” the amparo appeal lodged by the applicant judges complaining 
about Parliament’s failure to follow through with the process for renewing the composition of the Council.  

4 

 
                                                           
fact that both Presidents have not yet taken any action17. In this context, stakeholders18 have 
also continued calling for a change of the system of appointment of the members of the Council 
for the Judiciary19 in line with European standards20. In its report on Spain of December 2022, 
GRECO referred to the European standards on judicial councils21. A new legal proposal tabled 
by  a  parliamentary  group  to  reform  the  system  of  appointment  of  the  Council  for  the 
Judiciary22, proposing that its judges-members are directly elected by their peers, did not get 
enough support in Parliament to start proceedings. As the Council for the Judiciary continues 
in ad interim functions and as a process to adapt the appointment of its judges-members has 
not been launched, there has been no progress in the implementation of the recommendation 
made in the 2022 Rule of Law Report.  

The lack of renewal of the Council for the Judiciary is negatively affecting the work of 
the Supreme Court and the justice system as a whole. As referred to in previous Rule of 
Law Reports23, following the reform in March 2021 introducing the ad interim regime for the 
Council for the Judiciary24, an acting Council can no longer proceed with appointments for top 
judicial positions, including to the Supreme Court25. Due to the continued lack of renewal, over 
30% of the judicial positions of the Supreme Court that are required by law26 are now vacant27. 

17   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report, p. 13; Contribution from Judges for Democracy for the 2023 Rule of Law Report, p. 14; Contribution 
from the Civic Platform for the Judicial Independence for the 2023 Rule of Law Report, p. 9; Contribution 
from the Independent Judicial Forum for the  2023 Rule of  Law  Report,  p. 9; information provided by the 
Foundation “Hay Derecho” in the context of the country visit to Spain.  
However,  other  stakeholders  have  stressed  that,  unless  there  is  a  three  fifths  majority,  starting  a  voting 
procedure would not serve any purpose as the political parties that could reach this majority have already set 
their positions on the negotiation. Information provided by the Government in the context of the country visit 
to Spain. 

18   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report, pp. 11-13; Contribution from the Professional Association of the Magistracy for the 2023 Rule of Law 
Report, p. 6; Contribution from the Civic Platform for the Judicial Independence for the 2023 Rule of Law 
Report, p. 16; Contribution from the Independent Judicial Forum for the 2023 Rule of Law Report, pp. 9-10; 
Contribution from Madrid’s Bar Association for the 2023 Rule of Law Report, p. 15. 

19   See footnote 10. 
20   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 26 and 27. 
21   GRECO, Fourth Evaluation Round – Addendum to the Second Compliance Report, December 2022, para. 16. 
GRECO refers to the standards of the Council of Europe regarding the election of the judicial shift in judicial 
councils: when there is a mixed composition of judicial councils, for the selection of judge members, judges 
should be elected by their peers (following methods guaranteeing the widest representation of the judiciary at 
all levels) and political authorities, such as Parliament or the executive, should not be involved at any stage of 
the selection process. See Opinion No. 10 (2007) of the Consultative Council of European Judges (CCJE) on 
Council for the Judiciary in the Service of Society, paras 27 and 31, as well as Opinion No. 24 (2021) of the 
Consultative Council of European Judges (CCJE) on Evolution of the Councils for the Judiciary and their role 
in independent and impartial judicial systems, p. 4.  

22   Proposal of an Organic Law to modify Organic Law 6/1985 tabled on 30 December 2022.  
23   2022 and 2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp 3-5 and pp. 2-

4 respectively. 

24   Organic Law No. 4/2021, of 29 March.  
25   The law prevents the acting Council to appoint the president of the Supreme Court, presidents of Provincial 
Courts and High Courts of Justice, president of the National High  Court,  and presidents of Chambers and 
Supreme Court judges. 

26   Law 38/98 of 28 December 1998. The law establishes a total of 79 magistrates for all the Chambers of the 

Supreme Court. 

27   Contribution  from  the  Supreme  Court  for  the  2023  Rule  of  Law  Report,  p.  10;  Technical  Cabinet  of  the 
Supreme Court 2023, Report on the impact in the Supreme Court on the non-possibility to cover vacant posts, 
p. 3. 

5 

 
                                                           
As underscored in  a report from  the Technical  Cabinet of the Supreme Court from January 
2023,  only  considering  the  Third  and  Fourth  Chamber  of  the  Court  (where  the  number  of 
vacancies is the highest), the Court is issuing 1 230 fewer decisions per year28. This also leads 
to a decrease of the number of rulings by the Supreme Court which, given its role in ensuring 
consistency in the interpretation of national law, has an impact on legal certainty since first 
instance  and  other  courts  continue  dealing  with  cases  that  would  benefit  from  the  Supreme 
Court’s guidance29. The situation has been described by the Supreme Court as untenable30, as 
it undermines the efficiency of justice and has a negative impact on the length of proceedings 
before the Supreme Court31. In addition, there are also seven vacant posts of presidents of High 
Courts of Justice (out of 17), 20 vacant posts of presidents of Provincial Courts and one vacant 
post  at  the  National  High  Court.  As  a  separate  issue,  long  delays  by  the  Council  in  the 
preparation of mandatory reports32 on draft legislation have been reported33.  

There  has  been  no  further  progress  on  strengthening  the  statute  of  the  Prosecutor 
General. The 2022 Rule of Law Report recommended to Spain to “strengthen the statute of 
the  Prosecutor  General,  in  particular  regarding  the  separation  of  the  terms  of  office  of  the 
Prosecutor General from that of the Government, taking into account European standards on 
independence and autonomy of the prosecution”34. In May 2022, the Government had approved 
new rules of procedure for the prosecution service35. On 5 September 2022, a law was adopted 
by Parliament36 providing that, six months after its entry into force37, the Ministry of Justice 
would  regulate  the  communications  between  the  Prosecution  Service  and  the  Government. 
However, no progress  has  yet  been  reported  regarding this regulation.  As referred to  in  the 
2022 Rule of Law Report38, such a regulation could address concerns previously raised by the 
European Commission39 and by GRECO40. Moreover, no measures have been taken to address 
the separation of the term of office of the Prosecutor General from that of the Government, 
which has also been raised as a concern by stakeholders41. There is some discussion42 as to 

28   Technical  Cabinet  of  the  Supreme  Court  2023,  Report  on  the  impact  in  the  Supreme  Court  on  the  non-

possibility to cover vacant posts, p. 28. 

29   Technical  Cabinet  of  the  Supreme  Court  2023,  Report  on  the  impact  in  the  Supreme  Court  on  the  non-

possibility to cover vacant posts, p. 20 and 22. 

30   Contribution from the Supreme Court for the 2023 Rule of Law Report, p. 10. 
31   Technical  Cabinet  of  the  Supreme  Court  2023,  Report  on  the  impact  in  the  Supreme  Court  on  the  non-

possibility to cover vacant posts, p. 2. 

32   The law specifies the cases in which draft legislation must be consulted with the Council for the Judiciary, 

which is then obliged to prepare a non-binding) report.  

33   Contribution from Judges for Democracy for the 2023 Rule of Law Report, p. 24; information provided by the 

Ministry of Justice and the Prosecution Service in the context of the country visit to Spain. 

34   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2. 
35   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 5. 
36   Law 16/2022 of 5 September, 15th Final provision.  
37   The law entered into force on 26 September 2022.  
38   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 5. 
39   2020 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 4. 
40   GRECO Fourth Evaluation Round (2014), Evaluation Report, recommendation ix. 
41   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report, p. 14; Contribution from the Professional Association of the Magistracy for the 2023 Rule of Law 
Report,  p.  6;  Contribution  from  the  Foundation  “Hay  Derecho”  for  the  2023  Rule  of  Law  Report,  p.  6; 
Contribution from the Association of Prosecutors for the 2023 Rule of Law Report, p. 5; Contribution from 
the Civic Platform for the Judicial Independence for the 2023 Rule of Law Report, p. 16; Contribution from 
the Independent Judicial Forum for the 2023 Rule of Law Report, p. 11.  

42   Information  provided  by  the  Government,  Association  of  Prosecutors  and  Professional  and  Independent 

Association of Prosecutors in the context of the country visit to Spain. 

6 

 
                                                           
whether the separation of these terms of office would require a reform of the Constitution43. In 
its  report  of  December  2022,  GRECO  has  also  noted  that  no  measures  have  been  taken  to 
increase the budgetary, normative, and training autonomy of the Prosecution Service44. As no 
measures have been taken at this stage to strengthen the statute of the Prosecutor General, there 
has been no progress on the implementation of the recommendation made in the 2022 Rule of 
Law Report. 

An Ethics Commission for prosecutors has been established. On 26 September 2022, the 
Prosecution Service established an Ethics Commission for prosecutors45. The purpose of this 
Commission is to implement the ethics code of the Prosecution Service through the preparation 
of reports and opinions. It does not deal with disciplinary or civil proceedings nor with criminal 
responsibility of prosecutors. The functioning of the Ethics Commission is independent of the 
Prosecutor General, but the Prosecution Service is responsible for allocating the resources and 
means  necessary  for  the  Commission’s  effective  functioning.  The  Prosecution  Service 
approved  the  rules  of  procedure  of  the  Commission  on  20  November  202246.  The  Ethics 
Commission is composed of seven prosecutors directly elected by their peers for a period of 
four years47.  

The Council for the Judiciary appointed two members of the Constitutional Court after 
some delays.  In June 2022, the term  of office of four members of the Constitutional  Court 
ended48. According to the Constitution, the next step is the appointment of two members by 
the Government and two members appointed by  the Council for the Judiciary49. The acting 
Council could not appoint the two members of the Constitutional Court, as a consequence of 
the reform in March 2021 introducing its ad interim regime50. The Parliament approved in July 
2022 a reform that reinstated the Council’s power to appoint those members51 and provided for 
a  deadline  of  three  months  after  the  mandate  of  the  former  members  ended  to  do  so.  The 
Council  of  the  Judiciary  failed  to  appoint  the  two  members  within  that  deadline.  On  12 
December 2022, the parliamentary groups of the Government’s coalition parties tabled draft 
legal amendments aiming to modify the system of appointments to the Constitutional Court52. 

43   Art.  124.4  of  the  Spanish  Constitution  provides  that  the  Prosecutor  General  shall  be  appointed  by  the 

Government, but it does not establish the length of the mandate.  

44   GRECO, Fourth Evaluation Round – Addendum to the Second Compliance Report, December 2022, para. 29-

30. 

45   Input from Spain for the 2023 Rule of Law Report, pp. 7-8. 
46   Ibid.  
47   An association of prosecutors has criticised the system of appointment of the members of the Commission, as 
according to the association, it does not sufficiently represent the pluralism within the Prosecution Service. 
Progressive  Union  of  Prosecutors,  Press  Release  of  20  December  2021,  as  confirmed  by  the  information 
provided by the Progressive Union of Prosecutors in the context of the country visit to Spain. 

48   The Constitutional Court is formed by 12 members, four to be appointed by the Congress, four by the Senate, 

two by the Government and two by the Council for the Judiciary.  

49   Art. 159 of the Spanish Constitution.  
50   Organic Law No. 4/2021, of 29 March.  
51   Organic Law No. 8/2022, of 27 July. The reform did not modify the ad interim regime preventing the Council 

to make appointments for other top judicial positions. 

52   Reference number: 122-000271, amendments 61 and 62. In particular, those amendments had the objective to 
reduce the majorities required within the Council to appoint the correspondent members of the Constitutional 
Court, regulated in Article 599 of the Organic Law 6/1985 on the Judiciary, in the sense that the required three-
fifths majority would be replaced with a simple majority during any second vote. The amendments would also 
eliminate the verification mechanism by the Constitutional Court of the adequacy of the candidates with the 
requirements established in law and would separate the appointment of the members by the Council from the 
members by the Government. Moreover, according to the amendments, if members of the Council failed to 

7 

 
                                                           
On 14 December 2022, a group of parliamentarians submitted to the Constitutional Court an 
amparo appeal53, arguing that such amendments were unrelated to the topic of the main law 
being  debated  and  had  been  introduced  as  an  emergency  procedure,  undermining  the 
guarantees of transparency and debate of the legislative process. On 19 December 2022, the 
Constitutional Court took an unprecedented interim decision suspending the vote in Senate of 
the amendments54. On 27 December 2022, the Council for the Judiciary then appointed two 
members of the Constitutional Court55.  

The Council for the Judiciary and other stakeholders raised concerns regarding public 
statements in relation to the judiciary made by politicians. In the course of 2022 public 
statements by politicians, including members of the Government, criticising the judiciary have 
continued56. After these public statements, the Council for the Judiciary57 and the four main 
associations of judges58 published press releases condemning those statements. In particular, 
stakeholders pointed out that these critical statements by politicians do not relate to individual 
judicial decisions, but are addressed to the judiciary as a whole, thus undermining public trust 
in  the  judiciary59.  As  reflected  in  the  2022  Rule  of  Law  Report60,  according  to  European 
standards,  while  courts  are  not  immune  to  criticism  and  scrutiny,  the  judiciary  must  enjoy 
public confidence to be successful in view of its special role in society61. This is particularly 
important in relation to statements by members of the legislative and the executive branches, 
as all powers of the State must foster and protect the trust of the general public in constitutional 
institutions including the judiciary62.  

The incompatibilities regime for judges has continued to raise concerns. Stakeholders have 
continued to raise concerns regarding the incompatibilities regime for judges and prosecutors 

proceed with the appointments, they would incur criminal responsibilities. According to information provided 
by the Government in the context of the country visit to Spain, those amendments were needed to ensure that 
the appointments could be made.  
53   Amparo appeal No. 8263-2022.  

The object of amparo appeals is the protection against breaches of the rights and freedoms enshrined in the 
Constitution by any action or omission of the Government of the State, the Autonomous Communities or other 
public bodies of territorial, corporate or institutional nature.  
Moreover, a request was also filed, requesting that two members of the Constitutional Court recuse themselves 
due to a possible conflict of interest. Said request was not granted. 

54   Decision 177/2022 of 19 December. The decision was taken by six votes in favour and five against. The final 
decision by the Constitutional Court is still pending, although according to the information provided by the 
Government  and  the  Parliament  in  the  context  of  the  country  visit  to  Spain,  the  final  decision  of  the 
Constitutional Court will only have a declaratory effect, as the law has meanwhile been approved without the 
challenged amendments. 

55   Royal Decrees 1092/2022, 1093/2022, 1094/2022 and 1095/2022, of 30 December. 
56   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 6. 
57   Council for the Judiciary 2023, Press Release of 16 November 2022.  
58   Professional  Association of the Magistracy, Press  Release of 17 November 2022; Judges and Magistrates’ 
Association “Francisco de Vitoria”, Press Release of 17 November 2022; Judges for Democracy, Press Release 
of 16 November 2022; Independent Judicial Forum, Press Release of 17 November 2022. See also contribution 
from other stakeholders, Contribution from the Foundation “Hay Derecho” for the 2023 Rule of Law Report, 
p. 12. 

59   Information provided by associations of judges, the Foundation “Hay Derecho” and the Civic Platform for the 

Judicial Independence in the context of the country visit to Spain. 

60   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 6. 
61   Venice Commission (CDL-AD(2013)038), Opinion on the legislation on defamation of Italy, para. 21-22. 
62   See also CCJE, Opinion No. 18 (2015), ‘The position of the judiciary and its relation with the other powers of 
state in a modern democracy’, para. 54: ‘Any analyses and criticisms by one power of state of the other powers 
should be undertaken in a climate of mutual respect’. 

8 

 
                                                           
in Spain63. In particular, they have highlighted the lack of ‘cooling-off periods’ for judges or 
prosecutors having been members of the executive or legislative powers, as well as the fact that 
judges continue to  acquire seniority in  service while they are in  political  office. During the 
negotiations on the renewal of the Council held in October 2022 between the two main political 
parties in Parliament, both parties agreed on the need to regulate the incompatibilities regime 
for judges and prosecutors64. However, no further action was taken after the negotiations were 
broken off.  

Concerns continue regarding the competence of the Supreme Court for criminal liability 
of  high-level  positions.  As  referred  in  previous  Rule  of  Law  Report,  concerns  remain65 
regarding  the  so-called  ‘aforamientos’  (where  members  of  the  executive,  legislative  and 
judicial branches are not tried before ordinary criminal courts in the cases of crimes committed 
in the course of their official duties and also  as individuals66). Stakeholders have continued 
criticising  these  rules67.  The  Coalition’s  Agreement  included  a  commitment  to  reform  the 
Constitution to limit these situations68. While several statutes of autonomy that contemplated 
rules of privilege have been amended69, no action has been taken so far  at  national level to 
address these concerns. 

Quality  

A number of aspects of the legal aid framework have been further reinforced. Spain has 
an accessible judicial system which provides protection for people at risk of discrimination and 
victims  of  violence  against  women.    Measures  for  child-friendly  justice  are  also  in  place. 
Moreover, according to data in the 2023 EU Justice Scoreboard, Spain is one of the countries 
with the widest coverage of legal aid in the EU70. A law was approved on 5 September 202271 
to further improve the legal aid framework. In particular, the law has been extended to cover 

63   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report,  p.  25;  Contribution  from  the  Foundation  “Hay  Derecho”  for  the  2023  Rule  of  Law  Report,  p.  11; 
Contribution from the Independent Judicial Forum for the 2023 Rule of Law Report, p. 25; Contribution from 
the Civic Platform for the Judicial Independence for the 2023 Rule of Law Report, p. 6. See also  2022 and 
2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp. 5-6 and p. 4 respectively. 

64   Information provided by the Government in the context of the country visit to Spain.  
65   GRECO Fourth Evaluation Round – Evaluation Report, para. 3; GRECO Fifth Evaluation Round – Evaluation 
Report, paras 118-123. See also, 2021 Rule of Law Report, Country Chapter on the rule of law situation in 
Spain, p. 4. 

66   According to  Art.  57 of  the  Organic  Law No. 6/1985, of 1 July, the Supreme  Court  is  responsible  for the 
examination  and  trying  of  proceedings  brought  against  the  members  of  Government,  the  Presidents  of  the 
Congress  of  Deputies  and  the  Senate,  the  President  of  the  Supreme  Court  and  the  General  Council  of  the 
Judiciary, magistrates of the Constitutional Court and the Supreme Court, the President of the National High 
Court and of any of its Chambers and the Presidents of the High Courts of Justice, magistrates of the National 
High  Court  or  of  a  High  Court  of  Justice,  the  State  Prosecutor  General,  state  prosecutors  attached  to  the 
Chambers of the Supreme Court, the President and Counsellors of the Court of Auditors, the President and 
Counsellors of the Council of State and the Ombudsperson.  

67   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report,  p.  12;  Contribution  from  the  Foundation  “Hay  Derecho”  for  the  2023  Rule  of  Law  Report,  p.  10; 
Contribution from the Civic Platform for the Judicial Independence for the 2023 Rule of Law Report, p. 12.  

68   A progressive coalition, December 2019, Commitment 2.11.7.  
69   Statutes of Autonomy of Murcia, Cantabria, Baleares, and Aragón. Organic Law 1/2021, of 15 February, of 
the  Statute  of  Autonomy  of  Murcia;  Organic  Law  2/2021,  of  23  March,  of  the  Statute  of  Autonomy  of 
Cantabria; Organic Law 1/2022, of 8 February, of the Statute of Autonomy of Baleares; Organic Law 15/2022, 
of 20 April, of the Statute of Autonomy of Aragón. 

70   Figure 24, 2023 EU Justice Scoreboard. The figure relates to a specific scenario related to a consumer case. 
71   Law 16/2022, of 5 September.  

9 

 
                                                           
insolvency proceedings under the special procedure for debtors who are natural persons, run a 
‘micro-enterprise’  and  would  have  insufficient  resources  to  start  proceedings72.  Moreover, 
trade unions can now also benefit from legal aid when representing the interests of workers and 
beneficiaries of the Social Security system73.  

The  total  number  of  judges  has  increased  and  measures  are  being  taken  to  address 
challenges regarding the resources of the justice system. As referred to in the 2022 Rule of 
Law Report74, the number of judges per inhabitant remains one of the lowest in the EU75. On 
15 November 2022, the Government approved the establishment of 70 new posts for judges76. 
Vacancies continue77 to be covered by substitute-judges78. Stakeholders have highlighted that 
in the coming years, a significant number of judges is expected to retire79. To address the future 
needs, the Council for the Judiciary is  preparing a Strategic Plan for the period 2023-2033, 
which will assess the resources and needs of the justice system and will make recommendations 
on how to proceed80. Moreover, the Ministry of Justice signed in May 2023 an agreement with 
associations  of  judges  and  prosecutors  regarding  their  working  conditions81.  Another 
agreement  was  also  signed  with  the  judicial  clerks’  unions82  and  civil  servants  providing 
auxiliary services to the justice system have called for a strike in May 2023 also regarding their 
working conditions83. Furthermore, associations of judges84 have signalled that while women 
represent  the  majority  of  the  judiciary85,  they  are  underrepresented  in  the  top  judicial 
positions86.  

Work has continued to further enhance the digitalisation of justice. Digitalisation of justice 
is well advanced, and the use of ICT tools in the justice system is widespread87. The Ministry 
of Justice has undertaken a number of projects enhancing the digitalisation of justice, such as 

72   Input from Spain for the 2023 Rule of Law Report, p. 8. 
73   Ibid.  
74   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 7. 
75   Figure 35, 2023 EU Justice Scoreboard. This category consists of judges  working  full-time, in accordance 
with the CEPEJ methodology. It does not include the Rechtspfleger/court clerks/letrados that exist in some 
Member States such as Spain. 

76   Input from Spain for the 2023 Rule of Law Report, p. 9.  
77   2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 8. 
78   Art. 200, Organic Law 6/1985 of the Judicial Power. These substitute-judges, appointed by the Council for the 
Judiciary on the proposal of High Regional Courts, although not subject to the same recruitment procedure 
and  training  programme  as  career  judges,  may  exercise  judicial  functions  in  courts  of  the  different 
jurisdictions. 

79   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report, p. 17; information provided by the Council for the Judiciary in the context of the country visit to Spain. 

80   Information provided by the Council for the Judiciary in the context of the country visit to Spain. 
81   Ministry of Justice, Press release of 23 May 2023. The agreement was signed after associations of judges and 
prosecutors  have  called  for  a  possible  strike;  see  also  communication  of  all  association  of  judges  and 
prosecutors of 3 May 2023.  

82   Ministry of Justice, Press release of 28 March 2023. The agreement was signed following a strike of the judicial 

clerks’ union from 24 January 2023 to 28 March 2023.  

83   CSIF, Press release of 22 May 2023.  
84   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report, p. 12; Contribution from the Independent Judicial Forum for the 2023 Rule of Law Report, p. 8. 
85   52% of the total number of judges are women. Information from the website of the Association of Women 

Judges of Spain.  

86   Figure 36, 2023 EU Justice Scoreboard. The proportion of female professional Supreme Court judges is 22%. 
On 23 May 2023, the Government tabled a draft law providing that constitutional bodies such as the Council 
for the Judiciary and the Constitutional Court should have at least 40% of women among their members.   

87   Figures 40-48, 2023 EU Justice Scoreboard. 

10 

 
                                                           
the  automation  projects  for  the  deletion  of  criminal  records  or  a  digital  document  classifier 
enabling the processing of documents making up a file88. Parliament has continued discussions 
on a law on digital efficiency. The law would provide a legal framework for the digitalisation 
of  justice,  establishing  a  catalogue  of  digital  services  to  be  provided  to  citizens  and  legal 
professionals in all regions of Spain89. The law would also promote the use in all regions of 
electronic  case  records,  electronic  processing  of  legal  procedures,  and  the  use  of  digital 
solutions to conduct and follow court proceedings90.  

The  Government  has  tabled  a  draft  law  on  the  right  of  defence.  On  4  April  2023  The 
Government tabled a draft law on the right of defence. The draft law compiles in one legal 
document the different aspects of the right of defence, which are currently spread over a number 
of pieces of specialised legislation. The General Council of Spanish Lawyers has welcomed 
this  legislative  proposal,  all  the  while  noting  possible  room  for  improvement,  notably  in 
relation to professional secrecy91.  

Efficiency 

Most  indicators  of  the  efficiency  of  justice  have  improved,  though  the  length  of 
proceedings  in  the  Supreme  Court  remains  a  challenge.  The  disposition  time  in  civil, 
commercial, and administrative cases in first instance decreased from 349 days in 2020 to 265 
in 202192. The clearance rate for litigious civil and commercial cases93 increased and was above 
100%, meaning that more cases are resolved than come in, which is a positive development. 
However, the disposition time for civil and commercial cases in the Supreme Court remains 
very high  (826 days  in  2021)94, which has been raised as a concern by stakeholders95.  In a 
decision of 10 October 2022, the Constitutional Court concluded that an administrative court 
had breached a citizen’s right to an effective remedy and fair trial due to disproportionate and 
unjustified delays of more than three years before a hearing was to be held96.  

The  Parliament  has  continued  discussions  on  several  laws  aimed  at  enhancing  the 
efficiency of the justice system. The Parliament continued the discussions on the laws on the 
organisational and procedural efficiency of the justice system. These draft laws aim to shorten 
the length of procedures in all four jurisdictions while preserving the procedural guarantees of 
citizens. The adoption of these legislative proposals are milestones covered within the Spanish 
Recovery and Resilience Plan97.  

88   Input from Spain for the 2023 Rule of Law Report, p. 12. Other projects under implementation are dashboards, 
advanced analytical studies, the Data Office, and Data Portals. The Ministry of Justice has also committed to 
carry out other initiatives in the judicial field, such as the Virtual Desktop that allows the digital identification 
of participants in a videoconference. 

89   Input from Spain for the 2023 Rule of Law Report, p. 15. 
90   Ibid.  
91   Contribution from the General Council of Spanish Lawyers for the 2023 Rule of Law Report, p. 12. 
92   Figure 5, 2023 EU Justice Scoreboard.  
93   Figure 11, 2023 EU Justice Scoreboard. 
94   Figure 7, 2023 EU Justice Scoreboard. 
95   Contribution from the Supreme Court for the 2023 Rule of Law Report, p. 10; Contribution from the Judges 
and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law Report, p. 17; Contribution from 
the Professional Association of the Magistracy for the 2023 Rule of Law Report, p. 17; Contribution from the 
Foundation “Hay Derecho” for the 2023 Rule of Law Report, p. 15. See also Independence session above. 

96   Decision of the Constitutional Court 125/2022 of 10 October.  
97   Recovery and Resilience Plan 2021, Component 11, pp. 26-28. 

11 

 
                                                           
II. 

ANTI-CORRUPTION FRAMEWORK  

In  Spain,  the  Anti-Corruption  Prosecutor’s  Office98  is  responsible  for  the  investigation, 
detection  and  prosecution  of  corruption  with  the  assistance  of  law  enforcement  agencies. 
Attached Units – from the National Police99 and the Civil Guard100 - and Support Units of the 
State  Tax  Administration  Agency  and  the  General  Intervention  Board  of  the  State 
Administration, all of whom contribute with analytical work101. Additionally, the State Security 
Forces and Corps - FCSE (National Police and Civil Guard) have Judicial Police Units, both at 
central and territorial level, highly specialised in economic crime and corruption. The National 
Anti-Fraud Coordination Service102 oversees anti-fraud measures and conducts investigations 
at national level while several Autonomous Regions have their own offices to fight fraud in 
their  territories103.  The  Office  of  Conflicts  of  Interest  oversees  asset  declarations  for 
Government  officials  and  political  appointees104.  Rules  on  transparency,  access  to  public 
information  and good  governance are monitored by the Council of Transparency  and  Good 
Governance  whereas  a  number  of  Autonomous  Regions  and  municipalities  have  their  own 
Council to  perform the same role105. The Court of  Auditors is  in  charge of  the audit of the 
financial-economic  activity  and  regular  accounting  of  political  parties,  as  well  as  of  the 
contributions  received  by  foundations  and  associations  linked  to  the  political  parties 
represented in the Spanish Parliament106. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  low.  In  the  2022  Corruption  Perceptions  Index  by 
Transparency International, Spain scores 60/100 and ranks 14th in the European Union and 35th 

98   Law 10/1995, of 24 April, amending Law 50/1981, of 30 December, which regulates the Organic Statute of  
the Public Prosecutor's Office and creates the Special Prosecutor's Office for the Repression of Economic  
Crimes Related to Corruption. Official State Bulletin, 25 April 1995, n. 98, pp. 12102-2103. 

99   Royal Decree 769/1987, of June 19, on regulation of the Judicial Police. 
100  Royal Decree 769/1987, of June 19, on regulation of the Judicial Police. 
101  Anti-Corruption Prosecutor’s Office (2020), Annual Report 2019, p. 698 and Input from Spain for the 2023 
Rule of Law Report pp. 18-19. A new legal instrument aimed at formalizing the relation between IGAE and 
the Dirección General de Policía is ready to be adopted. The agreement – which is expected to be finalised in 
the upcoming months – is similar to the existing agreement signed with the Guardia Civil in 2020 to reinforce 
the exchange of information, enhance cooperation and collaboration in organising trainings. 
102  Governed by the Additional Provision 25 of General Subsidies Law 38/2003, of 17 November. 
103  Catalonia Anti-Fraud Office, which is regulated by Law 14/2008, of 5 November 2015 of the Autonomous 
Region of Catalonia; Valencia Agency for the Prevention and Fight against Fraud and Corruption, which is 
regulated by Law 11/2016 of 28 November 2015 of the Autonomous Region of Valencia; Office for Prevention 
and Fight against Corruption of the Balearic Islands, regulated by Law 16/2016 of 9 December 2016 on the 
Balearic Islands; Municipal Anti-Fraud and Corruption Office of the Madrid City Council, which is governed 
by its Organic Regulation approved by agreement of the Madrid City Council of 23 December 2016; Office 
for Transparency and Good Practice of the City of Barcelona (Directorate of the Analysis Service), and the 
Office  of  Good  Practices  and  Anti-Corruption  of  the  Autonomous  Community  of  Navarre,  established  by 
Regional Law 7/2018, of 17 May, on the creation of the Office of Good Practices and Anti-Corruption Office 
of the Autonomous Community of Navarre (the office is operational since 2022). 

104  These are political appointments made by Government decree and include secretaries of State, senior officials 

in ministries, ambassadors and chief executives of public companies, among others. 

105  Transparency Agency of the Barcelona Metropolitan Area's government, created on 14 December 2015, Anti-

Fraud and Anti-Corruption Office of Andalucía, created by Law 2/2021, of 18 June. 

106  Law 2/1982, of 2 May 1982. To be noted that while the Court of Auditors is not an anti-corruption body per 
se, its work is still relevant in the topics covered under the Anti-Corruption Framework section of the report. 

12 

 
                                                           
globally107.  This  perception  has  been  relatively  stable  over  the  past  five  years108.  The 2023 
Special  Eurobarometer  on  Corruption  shows  that  89%  of  respondents  consider  corruption 
widespread in their country (EU average 70%) and 41% of respondents feel personally affected 
by  corruption  in  their  daily  lives  (EU  average  24%)109.  As  regards  businesses,  89%  of 
companies consider that corruption is widespread (EU average 65%) and 62% consider that 
that corruption is a problem when doing business (EU average 35%)110. Furthermore, 28% of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices (EU average 32%)111, while 15% of companies believe that people and businesses 
caught for bribing a senior official are appropriately punished (EU average 30%)112. 

The reform of corruption-related offences introduced the offence of illicit enrichment and 
revised  the  offence  of  misappropriation,  including  by  lowering  penalties  in  some 
instances,  which  was  criticised  by  stakeholders.  Organic  Law  14/2022  of  22  December 
reformed the regulation of the offence of misappropriation and introduced the crime of illicit 
enrichment113. The offence of illicit enrichment114 is introduced for public officials who do not 
justify any increase in their assets of more than EUR 250 000 during the exercise of their office 
or in the following five years, when requested to do so by the Administration115. According to 
the Government, the objective of the reform is to come back to the model that existed before 
the reform of the Criminal Code in 2015116. Civil society expressed criticisms on the reform of 
the offence of misappropriation, in particular as regards the reduction of associated penalties 

107  Transparency International (2023), Corruption Perceptions Index 2022. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50).  

108  In 2018 the score was 58, while, in 2022, the score is 60. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

109  Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 
and experience is updated every year. The previous data set is the Special Eurobarometer 523 on Corruption 
(2022). 

110  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

111  Special Eurobarometer 534 on Corruption (2023).  
112  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
113  The text of the Criminal Code details three levels of misappropriation: the appropriation of public funds by 
the  perpetrator  or  his  consent  to  appropriation  by  third  persons  (Article 432,  which  contains  various 
aggravating circumstances); the temporary use of public goods without animus rem sibi habendi [i.e. without 
the  intention  to  acquire  possession  of  such  goods],  followed  by  their  reimbursement  or  restitution 
(Article 432bis);  and  budget  diversion  or  expenditure  (Article 433).  The  appropriation  of  public  funds  is 
punished as before the reform, while budgetary slippages will have a lighter penalty, including the possibility 
of  imprisonment,  unless  the  service  -  to  which  the  diverted  funds  were  assigned  -  is  not  compromised  or 
hindered (Article 433bis). On the other hand, technical changes are made to Article 433ter, which contains a 
definition, for criminal purposes, of public property, and Article 434, which provides for a mitigating clause 
in case of reparation of damage. The remaining provisions of the chapter (Articles 435 and 435bis) remain 
unchanged. 

114  In  order  to  be  held  liable  for  illicit  enrichment,  it  is  not  sufficient  to  hold  assets  whose  origin  cannot  be 
explained by the declared income, but there must also be a refusal to specify the origin of such assets, or a 
false declaration, in response to a prior request from the competent administrative or judicial bodies  Article 
438bis of the Criminal Code provides for imprisonment of between six months to three years, a fine up to 
three times the obtained benefit, and disqualification from exercising the right to stand as a candidate for a 
period of two to seven years. 

115  Input from Spain for the 2023 Rule of Law Report, pp. 31-32.  
116  Input from Spain for the 2023 Rule of Law Report, p. 31. 

13 

 
                                                           
and the overall catalogue of offences deemed relevant117. In addition, they cast doubts over the 
introduction of the condition of the “profit aim”118, whose presence or absence would entail 
the  application  of  a  different  set  of  penalties  for  an  authority  or  civil  servant  who 
misappropriates  public  assets  for  itself  or  for  a  third  party.  In  the  absence  of  said  aim,  the 
applicable penalties are lower under the new regime119.  

The  legal  framework  concerning  foreign  bribery  investigations  has  been  consolidated, 
while  the  enforcement  of  the  rules  needs  to  be  further  strengthened.  The  2022  OECD 
Report  welcomed  the  increase  in  the  number  of  foreign  bribery  investigations,  the 
consolidation of the foreign bribery offence and clarification of corporate criminal liability120. 
At the same time, it pointed out a lack of clarity as regards adequate funding of enforcement 
bodies  as  a  potential  weakness,  recommending  taking  necessary  steps  to  more  proactively 
detect and enforce anti-bribery legislation121. 

The  Government  received  a  mandate  to  adopt  a  dedicated  national  anti-corruption 
strategy.  As  referred  in  the  2022  Rule  of  Law  Report122  and  underlined  by  GRECO  as  a 
priority123, the intention of the Government  was to  adopt  a national  anti-corruption plan.  In 
February 2023, the Government received a mandate to adopt an anti-corruption strategy, which 
will  have  to  be  finalised  by  summer  2024124.  Currently,  while  no  comprehensive  anti-
corruption strategy to specifically prevent and fight corruption has been developed yet, anti-
corruption priorities are spread in multiple plans and strategies, such as the National Security 
Strategy 2021, which identifies corruption as a tangible threat to national security125, and the 
Strategy  against  Organised  Crime  2019-2023  which  expressly  includes  corruption-related 
crimes126. One of the specific objectives of the Strategic Plan for the National Police 2022-
2025 is to protect the functioning of the institutions by fighting corruption. In order to do so, 

117  Hay Derecho Foundation (2023), The reform of the crime of embezzlement of public funds and the new crime 
of illicit enrichment; Contribution from Association of Judges and Magistrates Francisco de Victoria for the 
2023 Rule of Law Report, p. 20; Contribution from Asociación Impulso Ciudadano for the 2023 Rule of Law 
Report, p. 18; Contribution from Ilustre Colegio de la Abogacía for the 2023 Rule of Law Report, p. 19. Article 
2 of the Criminal Code establishes the principle of the "more favorable criminal provision” and states that a 
criminal law may exceptionally be applied to an act committed before its entry into force when that law is 
more favourable to the offender than the one in force at the time of commission of the offence. 

118  A profit aim is understood as the aim of achieving a benefit or gain. The provision regarding the profit aim 

was not included in the former regulation. 

119  Contribution from Foro Judicial Independiente for the 2023 Rule of Law Report, p. 18. 
120  OECD Working Group on Bribery (2022),  Spain needs to step up its  foreign bribery enforcement  without 

delay, says the OECD Working Group on Bribery. 

121  According  to  Transparency  International,  in  the  period  2018-2021,  Spain  opened  seven  investigations, 
commenced four cases and concluded no cases with sanctions. Transparency International (2022), Exporting 
Corruption 20222 - Assessing enforcement of the OECD Anti-Bribery Convention. Additionally, according 
to  OECD,  in  the  years  2013-2022,  46  investigations  into  foreign  bribery  were  opened.  OECD  (2022), 
Implementing the OECD anti-bribery convention in Spain: Phase 4 Report (pp. 97-102). 
122  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, pp. 10-11. 
123  GRECO  Fifth  Evaluation  Round  -  Compliance  Report,  para.  20.  GRECO  welcomed  the  intention  of  the 

authorities to develop a coordinated anti-corruption plan, which should constitute a priority action. 

124 The fifth additional provision of Law 2/2023, of 20 February, which regulates the protection of people who 
report  breaches  of  regulations  and  the  fight  against  corruption,  mandates  the  Government  to  approve  a 
“Strategy against Corruption” within 18 months starting in February 2023. The mandate requires the strategy 
to have a wider scope and not only to focus on whistleblowers protection. Written input from the Government 
following the country visit to Spain. 

125  Input from Spain for the 2023 Rule of Law Report, p. 21.  
126  2019-2023 Strategy against Organised Crime and Serious Crime. 

14 

 
                                                           
the National Police commits to increase the effectiveness of investigations on corruption127. 
Similarly, the Strategic Plan for the Civil Guard 2021-2024, includes as a specific objective for 
the  fight  against  organised  crime  the  prosecution  of  different  forms  of  corruption  affecting 
public institutions128. As reported last year129, the drafting of the National Anti-Fraud Strategy 
by the National Anti-Fraud Coordination Service, in close cooperation with the National Police 
and Civil Guard is still ongoing. Cooperation between the European Public Prosecutor’s Office 
and  Civil  Guard  is  positive  and  investigations  coordinated  by  the  EPPO  are  already  being 
carried out130. Regarding the cooperation with prosecution authorities, a clear provision stating 
the need to report any fraud related to the Recovery and Resilience Facility to the EPPO is 
currently missing131.  

As a reform of the Criminal Procedure Code is still pending, no progress has been made 
to  address  the  length  of  investigations  and  prosecutions.  The  2022  Rule  of  Law  Report 
recommended to Spain to “address the challenges related to the length of investigations and 
prosecutions to increase the efficiency in handling high-level corruption cases”132. The number 
of  procedures  opened  on  corruption  charges  amounted  to  38  in  2022.  In  addition,  of  all 
adjudicated  cases  of  corruption  crimes  in  the  course  of  2022,  a  total  of  45  cases  were 
convictions  or  partial  convictions,  while  16  were  acquittals133.  The  long  duration  of  the 
investigation  and  prosecution  of  high-level  corruption  raises  concerns134.  The  staff  of  the 
Special  Prosecutor’s  Office  against  Corruption  and  Organised  Crime  is  composed  of  29 
prosecutors (one Chief Prosecutor, one Lieutenant Fiscal and 27 Prosecutors); it also has 25 
delegated prosecutors at regional level135. While no disaggregated data on specific high-level 
corruption cases is available, the Government acknowledged that corruption cases take more 

127  Such aim is to be achieved by using indicators, such as the percentage of prosecuted investigations in relation 
to the total amount of public corruption investigations, and the evaluation of seized assets resulting from the 
commission of corruption-related crimes, with a particular focus on international trade transactions. Input from 
Spain for the 2023 Rule of Law Report, pp. 31-32. 

128  Input from Spain for the 2023 Rule of Law Report, pp. 31-32. To increase cooperation and communication 
with the European Public Prosecutor’s Office, a technical procedural guide for the Civil Guard was signed 
with the Directorate General of the Guardia Civil. 

129  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 11. 
130  To  increase  cooperation  and  communication  with  the  European  Public  Prosecutor’s  Office,  a  technical 
procedural guide for the Civil Guard was adopted by the Directorate General of the Guardia Civil (Guardia 
Civil, European Public Prosecutor’s Office: Procedure for investigating fraud affecting the financial interests 
of the European Union). In November 2022, the Civil Guard carried out two actions: an investigation into 
VAT fraud related to the sale of luxury vehicles and an investigation carried out at European level against tax 
fraud related to the sale of electronic goods. 

131  EPPO contribution to the 2023 RoL Report.  The Council Regulation (EU) 2017/1939 of 12 October 2017, 
implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (“the 
EPPO Regulation”), sets the basis for the functioning of the EPPO. Article 4 of the EPPO Regulation states 
that “The EPPO shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators 
of, and accomplices to, criminal offences affecting the financial interests of the Union […]”. 

132  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2. 
133  As reported last year (p. 12), the number of procedures opened on corruption charges amounted to 53 in 2021. 
In  addition,  of  all  adjudicated  cases  of  corruption  crimes  in  the  course  of  2021,  a  total  of  44  cases  were 
convictions or partial convictions, while 21 were acquittals. Information obtained from the database of the 
Council for the Judiciary. 

134  2022 and 2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p. 12 and p. 10 

respectively. 

135  Written contribution from Prosecution Service in the context of the country visit in Spain. 2022 Rule of Law 

Report (p. 12) referred 30 delegated prosecutors at regional level. 

15 

 
                                                           
time due to their highly complex nature136. Specific corruption-focused training sessions were 
carried out in order to improve investigation of economic crime and corruption. The lack of 
specialised  teams  to  carry  out  accounting  reports  and  economic  analysis  is  reported  to 
contribute to delays in investigating and prosecuting complex economic crime137. The current 
criminal  procedural  system  is  also  insufficient  to  address  complex  criminal  offences138.  As 
referred to in previous Rule of Law Reports139, a reform of the Code of Criminal Procedure 
was ongoing. The draft law has been awaiting a compulsory opinion from the Council for the 
Judiciary since July 2021. According to the Government140 and stakeholders, this reform would 
have a positive impact on reducing the length of procedures141. In view of no concrete measure 
finalised so far, no progress has been made on the implementation made in the 2022 Rule of 
Law Report. 

The  efficiency  of  the  Council  of  Transparency  and  Good  Governance  has  improved 
following  the  establishment  of  a  new  document  management  system.  A  new  document 
management system was introduced in the public sector to improve transparency and access to 
information with all parties involved (including citizens and regional and local transparency 
entities)  and  reduce  formalities142.  GRECO  issued  a  recommendation  to  ensure  “proper 
independence, authority and resources” to effectively perform the monitoring functions of the 
Council143.  The  Council  is  moderately  satisfied  with  the  current  staff  provision144.  The 

136  Input from Spain for the 2023 Rule of Law Report, p. 17. In their input, reference is made to the Council of 
Europe  European  Commission  for  the  efficiency  of  justice  (CEPEJ),  according  to  which  criminal  justice 
response times in Spain are standard for first instance, and are better than the Council of Europe average, in 
second instance. However, such data refers to criminal cases as a whole and does not present in a disaggregated 
matter the data on high-level corruption cases, which are not available. 

137  Contribution  from  Association of Judges and Magistrates  Francisco de Victoria for the  2023 Rule of  Law 
Report, p. 21. Moreover, in its 2022 report, the Anti-Corruption Prosecutor's Office underlined the need to 
establish new support units in several fields, notably on accounting and finance, as these sectors have been 
increasing in terms of relevance. 

138  Information received in the context of the country visit to Spain from the Association of Prosecutors and from 
the Prosecution service. The maximum time limit for criminal investigations is 12 months, with the possible 
extension to six months: civil society underlines that such constraints often lead to dismissal of cases due to 
lack  of  time,  especially  in  corruption-related  cases  which  are  complex  to  investigate  (Contribution  from 
Foundation ‘Hay Derecho’ for the 2023 Rule of Law Report, p. 19). 

139  2022, 2021 and 2020 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p. 7, p. 6 

and p. 4 respectively. 

140  2022 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p.  12. The Government 
expected that the revision of the Code of Criminal Procedure would contribute to tackling these issues. In fact, 
one  of  the  main  novelties  of  the  reform  are  the  new  powers  of  the  investigating  prosecutor  and  the  judge 
responsible for guarantees,  as  well as the  alignment of  the  reform  with other ongoing projects such as the 
procedural rules on efficiency, which seek to modernise judicial proceedings. 

141  Information provided by the Prosecution Service and associations of prosecutors in the context of the country 
visit  to  Spain.  The  draft  reform  affects  procedures,  as  well  regulates  investigative  tools,  such  as  scientific 
evidence and automated data processing. In its 2021 report, the Fiscal Council welcomed the initiative, and 
pointed  out  potential  issues  in  meeting  the  need  to  speed  up  procedures  and  investigations,  including  too 
limited provisions on digitalisation of files (Fiscal Council (2021)  of the Fiscal Council to the Preliminary 
Draft of the Organic Law of Criminal Prosecution). 

142  Although  the  establishment  of  the  system  was  delayed  due  to  technical  difficulties,  the  system  is  now 
operational and benefits are reported, in particular regarding time-saving and communication. Staff is currently 
being trained, while a few months are needed to assess the results of the implementation on the daily work of 
the Council. Information received in the context of the country visit to Spain from the Council of Transparency 
and Good Governance. 2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 12. 

143  GRECO Fifth Evaluation Round - Compliance Report, recommendation v, p. 8. 
144  Information received in the context of the country visit to Spain from the Council of Transparency and Good 

Governance. 

16 

 
                                                           
authority of the Council is  expressed through the issuing of resolutions,  however, it has no 
competence nor a tool to ensure their implementation145. The Council is to issue a report to be 
published by June 2023 to assess the implementation of its 2022-2025 Strategic Plan146. Since 
the Parliament was dissolved in May 2023, the process aiming to adopt a new Statute for the 
Council to reflect its developed tasks, as well as its renovated structure, has stopped147. 

Amendments  to  improve  rules  on  conflicts  of  interest  for  civil  servants  have  yet  to  be 
adopted  despite  ongoing  work  since  2021.  Efforts  are  in  place  to  amend  the  law  on 
incompatibilities of staff employed by public administrations, in order to extend the regime of 
incompatibilities and prevention of conflicts of interest to advisers and thus define the system 
for the prevention of conflicts of interest and incompatibilities of public employees within all 
different administrations148. In the framework of the Fourth Open Government Plan149, a draft 
of  the  Integrity  System  of  the  General  Administration  was  published  (see  below)150. 
Nevertheless,  the  Integrity  System  is  not  directly  linked  to  the  reform  to  improve  rules  on 
conflicts of interest for civil servants151. The Plan also includes a specific axis on strengthening 
ethical values and integrity mechanisms of public institutions. 

Rules on conflicts of interest of top executive officials are not sufficiently implemented. 
Although both GRECO and the 2022 Rule of Law Report referred to the need to reinforce the 
independence and autonomy of the Office for Conflicts of Interest (OCI)152, rules governing 
its  independence  and  autonomy  remain  unchanged.  The  OCI  –  charged  with  supervising 
conflicts of interest rules and the system for asset declaration of senior officials and members 
of Government – has not yet developed a manual of procedures to better approach potential 
breaches153. Additionally, the Office for Conflicts of Interest of the Spanish Parliament154 – a 
separate  administrative  body  –  has  stressed  the  importance  for  members  of  Parliament  to 
comply with the obligation to make public their institutional agenda, especially on meetings 
with  representatives  of  interest  groups155.  In  its  report  published  in  October  2022156,  the 
Parliament OCI reported that declarations of conflicts of interest are not sufficiently detailed, 

145  Information received in the context of the country visit to Spain from the Council of Transparency and Good 

Governance. 

146  Some of the originally planned actions were not implemented due to the fact that the staff reinforcement was 

finalised only at the end of 2022. 

147  Input from Spain for the 2023 Rule of Law Report. 
148  The draft law to amend Law 53/1984, of 26 December 1984 was envisaged to be adopted in the first semester 
of 2022. High-level officials and members of Government are covered under Law 3/2015 of 30 March 2015. 

149  Fourth Open Government Action Plan for Spain (2020-2024).  
150  In the framework of the Fourth Open Government Plan (point 5.3, p. 54), the timeline originally foreseen to 

amend the system of incompatibilities for civil servants was delayed. 

151  Once the amendments to Law 53/1984 are approved, the Integrity System will have to be adapted to the reform. 
The Government is working on the reform of the Law 53/1984  without a clear timeline on its finalisation. 
Written input from the Government following the country visit of Spain. 

152  GRECO Fifth Evaluation Round - Compliance Report, para. 60; 2022 Rule of Law Report, Country Chapter 

on the rule of law situation in Spain, p. 13. 

153  Court of Auditors (2021), ‘The Court of Auditors approves the audit report on compliance with the regulations 
on compensation received for dismissal of senior positions and the remuneration regime of senior managers 
of certain entities of the state public sector, financial year 2019’.  

154 The Office of Conflicts of Interest of the Spanish Parliament was established in February 2021. 
155  Provisions  of  Article  6.2  of  the  Code  of  Ethics.  Office  for  Conflicts  of  Interest  of  the  Spanish  Parliament 

(2023). 2022 Annual Report of the Office for Conflicts of Interest of the Spanish Parliament. 

156  Office  for  Conflicts  of  Interest  of  the  Spanish  Parliament  (2022).  2022  Annual  Report  of  the  Office  for 

Conflicts of Interest of the Spanish Parliament. 

17 

 
                                                           
and  furthermore,  that  no  complaints  of  non-compliance  were  submitted157.  Moreover,  in  its 
report, published in April 2023, the Parliament OCI reported that a relevant number of deputies 
failed  to  comply  with  the  obligation  of  publishing  their  institutional  agenda  through  the 
Chamber’s Transparency Portal158. The Parliament OCI also recommended parliamentarians 
to include meetings with groups of interest when disclosing their agendas159. Publication of 
asset  declarations  by  top  executive  officials  is  done  annually  through  an  online  dedicated 
portal: the forms are then gathered in a single document and published in the Official Journal160. 
As  noted  by  GRECO161,  when  comparing  the  applicable  disclosure  requirements  for 
parliamentarians and those for top executive officials, the former still have a higher level of 
detail  in  disclosure  forms162.  However,  a  similar  level  of  requirements  might  be  achieved 
through the implementation of the Fourth Open Government Plan163. 

The Integrity System of the General Administration has been approved, while the review 
of the systems of incompatibilities of the National  Police and Civil Guard is  still to be 
finalised. In July 2022, the first draft of the Integrity System of the General Administration 
was presented by the Secretary of State for Civil Service164. The initiative comprises several 
measures165 and aims at improving the integrity of the public sector166. The first two measures 
of the integrity system are the Code on Good Administration for civil servants and the Code 
on Good Government – aimed at members of the government and high-level officials. Both 
Codes are complemented by a section on conflicts of interest, including a specific provision on 
gifts167.  Establishing  an  ethical  mailbox168  is  another  element  of  the  package,  aimed  at 
supporting the coordinators and integrity committees when carrying out their tasks. The draft 
document was made public for consultation in January 2023169, and it was approved on 7 March 
2023  by  the  Coordinating  Commission:  the  document  is  expected  to  be  published  on  the 

157  Declarations in accordance with the provisions of Article 3.2 of the Code of Ethics. 
158  Office  for  Conflicts  of  Interest  of  the  Spanish  Parliament  (2023),  2022  Annual  Report  of  the  Office  for 
Conflicts of Interest of the Spanish Parliament. The Office noticed that there are very few parliamentarians 
who disclose the meetings, notably with groups of interest. 

159  Office for Conflicts of Interest (2023), 2022 Annual Report of the Office for Conflicts of Interest (p. 5). 
160  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 13. 
161  GRECO Fifth Evaluation Round - Compliance Report, para. 51-54. 
162  GRECO Fifth Evaluation Round - Compliance Report, p. 10. 
163  GRECO Fifth Evaluation Round - Compliance Report, p. 10. 
164  The  draft  was  presented  in  front  of  the  coordinating  Committee  for  General  Inspections  of  Services.  The 
integrity system aims to establish a holistic approach in line with the OECD 2017 recommendation on Public 
Integrity.  The  first  draft  was  developed  by  a  working  group  composed  of  55  experts,  coordinated  by  the 
Directorate-General  for  Public  Governance.  The  initiative  is  expressly  addressed  to  the  General 
Administration, while public entities are invited to join through agreements. The participants to the working 
group  joined  from  different  services,  namely  National  Anti-fraud  Service,  Office  for  Conflicts  of  Interest, 
Directorate-General for Civil Service, Office of the Secretary of State for the Civil Service, General Counsel, 
Inspectorate-General for Finance, and Audit Division of the Tax Agency. 

165  Such measures include a Code on Good Administration and a Code on Good Government, plans to develop a 
system  for  risk  management  and  whistleblowers’  protection,  an  ethical  mailbox,  as  well  as  training  and 
education activities on integrity.  

166  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 13. 
167  Input from Spain for the 2023 Rule of Law Report, p. 23. The provision covers those gifts and special attentions 
that, regardless of their value, might influence the objectivity and impartiality of public employees and high 
level officials. A model to notify these gifts is included in the Annex.  

168  The mailbox aims to serve as a channel to facilitate an open debate on integrity, as  well as to assist on the 

application of the code of good administration, to provide advice and to build knowledge. 

169  Ministry  of  Finance  and  Public  Administration  (2023),  Integrity  System  of  the  General  Administration  – 

document for consultation.  

18 

 
                                                           
Transparency Portal shortly170. As reported last year171, the draft Royal Decree implementing 
the review of the system of incompatibilities for civil servants in the National Police172 is still 
pending173.  Equally  still  in  the  process  is  the  draft  law  on  the  review  of  the  system  of 
the  Civil  Guard174.  Both  drafts  aim 
incompatibilities 
to  address  GRECO 
for 
recommendations175.  

Significant progress  has  been made on a draft law on lobbying. The 2022 Rule of  Law 
Report recommended to Spain to “continue efforts to table legislation on lobbying, including 
the  establishment  of  a  mandatory  public  register  of  lobbyists”176.  After  the  approval  in 
November  2022  by  the  Council  of  Ministers,  a  draft  law  underwent  public  consultation  in 
December 2022177. Before the Parliament was dissolved in May 2023, the draft was pending 
its second reading at the Council of Ministers level178. The draft law establishes a register of 
lobbyists  and  defines  what  is  meant  by  lobbying  activities179.  As  the  register  would  be 
implemented at the national level, coordination with the already existing registers at regional 
level180  would  need  to  be  enhanced181.  The  Office  for  Conflicts  of  Interest  –  in  charge  of 
managing the register182 – has been working on an IT tool to operationalise the register, which 
is expected to enter into force in 2024183. However, since the Parliament was dissolved in May, 
the process of the Law on Transparency and Integrity and the creation of the Register  have 
been postponed until the next legislature184. Civil society welcomed the legislation as in line 
with  GRECO  recommendation  and  pending  for  a  long  time185.  Civil  society  recognises 

170  Input from Spain for the 2023 Rule of Law Report. 
171  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 13. 
172  This  is  based  on  the  legal  framework  established  by  Organic  Law  9/2015  of  28  July  1992  on  the  Staff 
Regulations of the National Police, Article 15 of which provides that, by regulation, the rules for implementing 
and applying the general rules on incompatibilities of staff serving the Public Administrations shall be adopted 
in order to adapt it to the specific structure and functions of the National Police. 

173  Input from Spain for the 2023 Rule of Law Report, p. 26.  
174  This relates to the provisions of Law 29/2014 of 28 November 1992 on the Conditions of Employment of Civil 
Guard Staff and Article 22 of Organic Law 11/2007 of 22 October 2003 regulating the rights and duties of 
members of the Civil Guard. 

175  GRECO Fifth Evaluation Round - Compliance Report, recommendation xvii, p. 16. As reported last year (p. 
13), the draft legislation in relation to the regime of incompatibilities for civil servants of the Civil Guard was 
planned for adoption in 2023.  

176  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2. 
177  A total of 367 responses were sent in the framework of the public consultation: 18 of which were submitted 

by individuals, 311 by associations and private entities, while 38 by public entities. 

178  Input from Spain for the 2023 Rule of Law Report, p. 17.  
179  Input from Spain for the 2023 Rule of Law Report, p. 17. The draft law covers the following issues: framework 
regulation  under  which  lobbyists  and  officials  can  maintain  relations;  definition  of  lobby  activities; 
clarification of those  who are not considered lobbyists under the regulation, naming political parties, trade 
unions, business organisations, while entities or foundations funded or created by the mentioned entities are 
covered (professional associations are excluded).  

180  Law 19/2014 on Transparency, Access of Public Information and Good Governance provides a definition of 
interest  groups;  Law  Decree  1/2017 of  14  February  established  a  register  on  groups  of  interest  register  in 
Catalonia. 

181  Information received in the context of the country visit in Spain from the Ministry. 
182  Contribution from Ilustre Colegio de la Abogacía for the 2023 Rule of Law Report, p. 19. The Register will 
be  available  on  the Transparency  Portal  of  the  State  Administration  and  on  the  webpage  of  the  Office  for 
Conflict of Interest. 

183  Information received in the context of the country visit in Spain from the Office for Conflicts of Interest. 
184  Input from Spain for the 2023 Rule of Law Report. 
185  Information received in the context of the country visit in Spain from Transparency International; Contribution 
from Foundation ‘Hay Derecho’ for the 2023 Rule of Law Report, p. 18; GRECO (2022), Fourth Evaluation 
Round - Addendum to the Second Compliance Report, recommendation ii, paras 9-12.  

19 

 
                                                           
harmonisation  with  international  standards  and  a  broad  definition  of  lobbying  activities. 
However, civil society also call for a more holistic approach to include political parties, trade 
unions and business organisations in the scope of the legislation186.  In view of the pending 
submission  of  the  draft  law  to  Parliament,  significant  progress  has  been  made  on  the 
recommendation made in the 2022 Rule of Law Report. 

The  law  governing  financing  of political  parties  remains  unchanged, despite  a  request 
from the Court of Auditors.  In January 2022, the Court of Auditors formally requested the 
Parliament to reform the law governing the financing of political parties187, in particular the 
aspects related to the thresholds for sanctions and the disproportionate impact on small political 
parties mostly operating at local level. The Government is open to a reform, and it underscored 
the need for a wider discussion between political parties in Parliament before proposing a draft 
law188. On the contrary, on the judicial level some improvements have been experienced189. 

Parliament approved legislation aiming at transposing the Whistleblower Directive. On 
16 February 2023, the law aimed at aligning national legislation with EU law requirements on 
whistleblower protection was adopted by Parliament190. The law includes the establishment of 
an authority to protect whistleblowers and a regime of sanctions to address actions that might 
hinder or delay the reports191. The law establishes that within a maximum period of 18 months 
from its entry into force, the Government shall approve an Anti-Corruption Strategy to evaluate 
the objectives established in the law as well as to address the necessary measures to fill potential 
loopholes192.  Criticism  was  raised  for  not  going  further  to  include  in  the  national  law 
whistleblower reports containing classified information (or declared secret or confidential as 

186  The  Asociación  De  Profesionales  de  las  relaciones  institucionales  (APRI)  calls  in  particular  for  the 
introduction of business organisations and trade unions. In addition, the draft law provides for a regulatory 
footprint to track record of the changes introduced as a result of the influence activity. Moreover, a limitation 
of two years is proposed for outgoing senior officials, during which they will not be able to carry out lobbying 
activities related to the department or organisation they were in charge of.  Contribution from Hay Derecho 
Foundation for the 2023 Rule of Law Report, p. 18.  

187  Organic Law 8/2007.  
188  Written contribution from Ministry in the context of the country visit in Spain. Since the request was sent to 
the Parliament, the Government considers it reasonable to leave the matter to the qualified majority of the 
Parliament. However, the Government conveys its willingness to push for reform in this regard, but it also 
recognises the need for a prior consensus on its content, as all political parties are directly concerned. The 
main risk sectors remain private donations and new ways of party financing (crowdfunding and microloans), 
as  well  as  the  issue  represented  by  financing  of  intermediaries.  The  issues  were  already  highlighted  in  an 
opinion regarding funding and financial-economic activities of political parties published in July 2021 (Court 
of  Auditors  (2021),  Opinion  1445  regarding  funding,  financial-economic  activities  and  control  of  political 
parties and foundations and other entities linked to political parties). 

189  Information received in the context of the country visit in Spain from the Court of Auditors. 
190  Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. Spain  – together 
with seven Member States - was referred to the Court of Justice for failure to transpose the Whistleblower 
Directive  on  15  February  2023,  as  the  deadline  to  transpose  the  necessary  measures  to  comply  with  the 
Directive's provisions was 17 December 2021. The national law amends four dispositions, and covers not only 
breaches  of  European  Union  Law,  but  also  breaches  of  serious  national  criminal  and  administrative  law, 
thereby going beyond the material scope of the EU Directive. The amended dispositions include: Law 29/1988, 
of 13 July, on administrative law; Law 10/2010, of 28 April, on the prevention of money laundering and the 
financing of terrorism; Law 9/2017, of 8 November, on public sector contracts; and Organic Law 3/2018, of 
5 December, on the protection of personal data and guarantee of digital rights. 

191  Input from Spain for the 2023 Rule of Law Report, p. 28. 
192  Contribution  from  Foundation  ‘Hay  Derecho’  for  the  2023  Rule  of  Law  Report,  p.  17.  As  shared  by  the 
Ministry of Home Affairs, the Strategy will have a wider scope and will not solely focus on whistleblowers 
protection. 

20 

 
                                                           
provided  by  national  law)193,  while  civil  society  has  underlined  the  need  to  ensure  the 
independence of the new authority194.  

Public  procurement,  infrastructure  and  party  financing  are  reported  as  potential 
corruption-risk sectors. Following an evaluation process, the Ministry of Interior informs that 
the  highest  potential  risks  in  terms  of  corruption  stem  from  public  procurement195, 
healthcare196, construction and extractive industries197. The Independent Office for Regulation 
and Supervision  of Procurement approved the  National  Public Procurement  Strategy,  at  the 
proposal of the Cooperation Committee on Public Procurement198. The Committee involves 
representatives of Spain's territorial administrations (at national, regional and local level) and 
aims at – among its key objectives – "combating corruption and irregularities in the application 
of  public  procurement  legislation"199.  Also,  financing  of  political  parties  represents  a 
corruption risk sector according to judges’ associations and civil society200.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The  Constitution  enshrines  the  rights  to  freedom  of  expression  and  media  freedom201.  The 
General Law on Audiovisual Communication202 regulates the provision of audiovisual services 
while  the  law  on  Law  on  State  Owned  Radio  and  Television203  ensures  the  independence, 
neutrality and objectivity of the national public service media. An independent multi-regulatory 
body, the National Commission for Markets and Competition (CNMC), assumes the role of 
audiovisual regulator at national level, while regional audiovisual authorities are responsible 
for  audiovisual  communication  service  providers  at  the  regional  level.  The  Ministry  of 
Economic Affairs and Digital Transformation is responsible for secondary legislation and has 
several  competences,  including  authorisations  at  national  level  and  the  national  registry  of 

193  Contribution from Anti-Fraud Office of Catalonia for the 2023 Rule of Law Report, p. 14; contribution from 
Foundation ‘Hay Derecho’ for the 2023 Rule of Law Report, p. 18. These aspects are not covered by the scope 
of the Whistleblowing Directive.  

194  Contribution  from  Foundation  ‘Hay  Derecho’  for  the  2023  Rule  of  Law  Report,  p.  17;  Asociación  De 
Profesionales  de  las  relaciones  institucionales  (APRI)  (2022),  Observations  to  the  Draft  law  on  Lobbying. 
Doubts on the level of independence focus on the appointment of the President of the authority by the Ministry 
of Justice, as well as lack of accountability mechanisms and participation of civil society in its governance. 
The Anti-Fraud Office of Catalonia highlighted the need to coordinate the national regulation with the regional 
ones, as well as the need for new resources to sustain the newly established tasks (Contribution from the Anti-
Fraud Office of Catalonia for the 2023 Rule of Law Report, p. 14). 

195  Despite  agreeing  in  classifying  public  procurement  as  a  high-risk  sector  of  corruption,  civil  society  also 
highlight potential risks in the exclused protection of  whistleblowers  with regard to procurement  files that 
contain classified information or have been declared secret or reserved, thus leaving space to corruption cases 
(input from the Hay Derecho Foundation for the 2023 Rule of Law Report, p. 19). 

196  According  to  the  Government,  the  risk  in  the  health  sector  ceased  to  exist  in  the  meantime:  the  specific 
references to corruption in the field of health (procurement of health products) were made on the basis of an 
assessment carried out during the COVID-19 pandemic. Input from Spain for the 2023 Rule of Law Report. 

197  Input from Spain for the 2023 Rule of Law Report, pp. 29-30. 
198  Input from Spain for the 2023 Rule of Law Report. 
199  Ibid.  The  Flash  Eurobarometer  on  Businesses’  attitudes  towards  corruption  in  the  EU  shows  that  39%  of 
companies in Spain (EU average 26%) think that corruption has prevented them from winning a public tender 
or a public procurement contract in practice in the last three years. This is 13 percentage points above the EU 
average 

200  Contribution  from  Professional  Association  of  the  Magistracy  for  the  2023  Rule  of  Law  Report,  p.  20; 

contribution from Foundation “Hay Derecho” for the 2023 Rule of Law Report, p.19. 

201  Art. 20 of the Spanish Constitution. 
202  Law 13/2022 of 7 July 2022. 
203  Law 17/2006 of 5 June 2006. 

21 

 
                                                           
audiovisual service providers. Access to information is regulated by the Law on Transparency, 
Access to Public Information and Good Governance204 and by the Law205 on Official Secrets206. 

The audiovisual regulatory authority has been allocated additional resources. The 2022 
Rule  of  Law  Report  recommended  to  Spain  to  “ensure  adequate  resources  for  the  national 
audiovisual  media  regulatory  authority  to  strengthen  its  operations,  taking  into  account  the 
European standards on the independence of media regulators in particular as regards resource 
adequacy”207.  At  the  end  of  2022,  the  CNMC  launched  a  selection  procedure  to  expand  its 
technical staff with 37 new positions, of which four were reserved for audiovisual tasks. The 
CNMC  allocated those positions  on 26  May  2023.  Work on secondary legislation208 is  still 
needed  in  order  for  the  CNMC  to  be  able  to  fulfil  its  functions.  Regarding  the  cooperation 
between  the  CNMC  and  the  regional  audiovisual  authorities,  the  group  of  Audiovisual 
Regulatory Authorities set up by the law209 to foster the exchange of expertise and best practices 
on the application of the legislation is  currently  drafting its rules of procedure  and the  first 
meeting should take place in the second quarter of 2023210. Coordination within this group is 
necessary on important aspects of the law such as the promotion and shares of European works, 
media literacy initiatives and the supervision  of  online services, platforms and providers of 
special relevance211. The resources of the national audiovisual media regulatory authority have 
been increased in the organisational chart of the CNMC. Therefore, the recommendation made 
in the 2022 Rule of Law Report has been fully implemented. 

Further to the adoption of the audiovisual law transposing the AVMS Directive212, the 
national registry of providers of audiovisual services has yet to include providers of video 
sharing  platforms  and  providers  of  services  of  special  relevance.  The  General  Law  on 
Audiovisual  Communication  obliges  providers  of  video  sharing  platforms  and  providers  of 
services of special relevance using video sharing platforms to register, under the supervision 
of  the  CNMC,  in  the  registry  of  providers  of  audiovisual  services213.  The  Government  is 
currently  preparing  a  draft  law214  that  would  define  the  organisation  and  functioning  of  the 
national registry, which remains under the responsibility of the Ministry of Economic Affairs 
and  Digital  Transformation.  The  public  consultation  of  the  text  closed  in  January  2023. 
Currently, ministries are drafting their internal  reports on the draft text215. According to the 
Government,  the  objective  was  to  adopt  the  law  in  the  last  quarter  of  2023216.  The  call  for 
general elections, which will take place on 23 July 2023, could delay the process. Ownership 

204  Law 19/2013 of 9 December 2013. 
205  Law 9/1968 of 5 April 1968. 
206  Spain ranks 36th in the 2023 Reporters without Borders World Press Freedom Index compared to 32nd in the 

previous year.  

207  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2. 
208  E.g.  Royal  Decrees  on  commercial  communications,  promotion  of  European  works  or  on  users  of  special 

relevance. 

209  Second additional provision, General Law on Audiovisual Communication 13/2022 of 7 July 2022. 
210  Information received in the context of the country visit to Spain from CNMC.  
211  Ibidem. 
212  Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination of certain provisions laid down 
by law, regulation or administrative action in Member States concerning the provision of audiovisual media 
services (Audiovisual Media Services Directive) in view of changing market realities. 

213  Transparency obligations under the current legal regime are limited to the audiovisual sector. 
214  Draft Royal Decree regulating the State Registry of Audiovisual Service Providers, the procedure for prior 

notification of commencement of activity and the registration procedure. 

215  As requested by Art. 26.6 of Law 50/1997 of 27 November.  
216  Information received in the context of the country visit to Spain from the Spanish authorities. 

22 

 
                                                           
information on video sharing platforms would then be added to the existing data on ownership, 
currently  limited  to  national  radio  and  television  providers.  The  Audiovisual  Law  also 
promotes the interconnection of regional registries, with  ownership information  on regional 
providers  of  audiovisual  services,  with  the  national  registry.  The  audiovisual  law  includes 
provisions on pluralism for the television services market and the radiophonic services market. 
In the free-air digital television (DTT) market, the provisions prevent that an investor owns a 
significant number of shares in more than one provider when the joint share is over 27%, or 
when  he  controls  more  than  2  multiplex  in  national  geographical  scope  or  more  than  1 
multiplex in autonomous communities. On the other hand, in radiophonic market the provisions 
prevent an owner from controlling more than five broadcasting licenses in the same area of 
coverage,  as  well  as  from  controlling  directly  or  indirectly  more  than  one-third  of  the 
broadcasting licenses at the national level and more than 40% of the licenses at the level of the 
autonomous communities. Spain has a market plurality review procedure that has not changed 
in  the  reporting  period217.  According  to  the  Media  Pluralism  Monitor,  plurality  of  media 
providers scores 88%, thus remaining at high risk level218. 

There have been no changes to the legal framework for institutional advertising, while 
calls  for  increased  transparency  in  the  distribution  of  institutional  advertising  remain. 
There  have  been  studies  and  press  articles  on  institutional  advertising  that  demand  more 
transparency  in  the  area  of  institutional  advertising  campaigns219.  The  annual  reports  on 
institutional advertising and communications include details on contracts awarded by ministries 
and  public  bodies  at  the  state  level220.  However,  the  information  contained  in  these  reports 
mainly refers to the contract beneficiaries, mostly advertising and media agencies. Thus, it does 
not allow to determine what amount of advertising money actually goes to specific media. The 
national  law  coexists  with  regional  regulations221.    Journalists’  associations  requested  more 
transparency, in particular regarding public administrations, and supported the proposals of the 
European Media Freedom Act222. 

The chair of the management board of the public service media exercises her functions ad 
interim  since  September  2022  and  does  so  with  executive  powers  further  to  the 
modification of the public service media’s statute. The national public service media, RTVE, 
is  regulated  by  the  Law  on  State  Owned  Radio  and  Television223,  which  defines  the  public 
service remit and its organisation224. In March 2021, the Parliament elected the ten members225 
of the Management Board of RTVE, which should have been renewed in 2018, for a six-year 
non-renewable  mandate.  The  members  of  the  Board  cannot  act  upon  instructions  from  the 

217  European  Media  Freedom  Act  Impact  Assessment,  Part  2,  section  7.3.2  Measures  providing  a  system  of 
ministerial  override  of  media  mergers  and  acquisitions  on  the  basis  of  media  pluralism,  general  national 
interests, strategic economic importance and preventing the creation of influential positions. 

218  2023 Media Pluralism Monitor, country report for Spain, page 13. 
219  Contribution from Foundation “Hay Derecho” for the 2023 Rule of Law Report, p.15; Grupodanieljones.org 

(2022), Political power’s media capture strategies in Spain (2016-2021). 

220 In accordance  with the State law  29/2005  on institutional  advertising and  communication  of 29 December 

2005, which in its Article 4 sets basic common rules applying to all administrations. 

221  The Government indicated that it is following the negotiations on the European Media Freedom Act which 
addresses  could  cover  the  issue  of  state  advertising  amongst  other  topics.  Information  received  by  the 
Government in the context of the country visit to Spain. 

222  Information received in the context of the country visit to Spain from journalists’ associations (FAPE, APE). 
223  Law on State owned radio and television 17/2006 of 5 June 2006.  
224  According to European Parliament’s Flash Eurobarometer: News & Media Survey 2022, 45% of 

respondents in Spain stated that they trust public TV and radio stations, below the EU average of 49%. 

225  Six by the Congress and four by the Senate. 

23 

 
                                                           
Government or other institutions226. In September 2022, the chair of the Board resigned, and 
the Board appointed one of its members as  “acting chair”  with  limited executive powers227. 
According to the law, a new member and chair should have been appointed by the Congress. In 
view of this interim situation, in October 2022 the Government changed the statute of RTVE – 
implementing the July 2011 advice of the Solicitor General,  giving executive powers to  the 
acting  chair  of  the  Board  to  ensure  the  functioning  of  RTVE.  Some  RTVE  trade  unions 
contested this change228. The Supreme Court endorsed the appointment ad interim of the acting 
chair in January 2023229. The national Public Service Media co-exists with regional and local 
public service media providers  which  are regulated  by the relevant  regional legislation. The 
Media  Pluralism  Monitor  2023,  as  well  as  the  journalists’  associations230,  refer  to  some 
instances of political influence in the practice of public service media at state, regional and local 
levels and assess it as high risk.  

Some progress has been made to strengthen access to information. The 2022 Rule of Law 
Report  recommended  to  Spain  to  “pursue  work  to  strengthen  access  to  information,  in 
particular via revision of the Law on Official Secrets”231. The Government is working232 on a 
draft law on  classified information  that would replace the  current  law on official secrets  of 
1968233. The text has not been approved by the Council of Ministers yet. The initial draft law, 
presented  in  August  2022,  raised  criticism  from  public  bodies,  namely  the  Council  of 
Transparency  and  Good  Governance234,  Prosecutors  Council235,  the  Council  for  the 
Judiciary236, as well as from journalists’ and media users’ associations237. The authorities238 
have revised the draft law to accommodate many of the comments received. Further to these 
revisions, the areas that could be classified and the number of authorities that could classify 
information  have been  reduced,  compared to  the initial  draft, as  well as  the duration of the 
maximum  deadlines  for  classification  and  the  amount  of  the  sanctions.  Journalists  have  a 
special  role239  in  requesting  the  declassification  of  secret  information,  and  sanctions  are 
modulated when classified information is disseminated in the exercise of the fundamental right 
to freedom of information. Changes to the text would also ensure coordination with other laws, 
such as the law on Transparency, Access to Public Information and Good Government240. In 
light of the above, there has been some progress on the implementation of the recommendation 
made in the 2022 Rule of Law Report. 

Journalists continue facing challenges in the performance of their professional activities. 
There  have  been  several  cases  of  attacks  or  threats  to  the  physical  and  online  safety  of 

226  Article 15 of Law on State owned radio and television 17/2006 of 5 June 2006. 
227  RTVE, Press release of 27/09/2022.  
228  UGT, SI and USO. https://ugtrtve.net/images/descargas/20221201_primerademanda.pdf 
229  Supreme Court. Procedure 953/2022.  
230 Information received in the context of the country  visit to Spain from journalists’ associations (APE, PLI); 

2023 Media Pluralism Monitor, country report for Spain, p.p. 17 & 18. 

231  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2. 
232  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 17. 
233  Law on Official Secrets 9/1968 of 5 April 1968. 
234 Council of Transparency and Good Governance: Report on the draft preliminary law on classified information. 
235 Report of the Prosecutors Council on the draft preliminary law on classified information. 
236 Council of the Judiciary: Report on the draft preliminary law on classified information. 
237 Information received in the context of the country visit to Spain from media users. 
238 Written information from the Spanish authorities in the context of the country visit in Spain. 
239 Information received from the Spanish authorities 
240 Law on Transparency, Access to Public Information and Good Governance 19/2013 of 9 December 2013. 

24 

 
                                                           
including 

journalists  in  Spain  during  2022241,  some  of  which  were  reported  by  the  Mapping  Media 
Freedom  project242, 
threats  and  verbal  and  physical  aggressions  during 
demonstrations. The targeting or infection of mobile phones with the Pegasus spyware referred 
to  in  the  2022  Rule  of  Law  Report243  also  affected  several  Spanish  journalists244  Since  the 
publication of the 2022 Rule of Law Report, three new alerts have been activated for Spain in 
the  Council  of  Europe’s  Platform  to  Promote  the  Protection  of  Journalism  and  Safety  of 
Journalists245, relating to detention and charges over protest  coverage246, attacks on physical 
safety  and integrity of journalists247 and harassment  and intimidation  of journalists248  . The 
platform  registers  17  active  alerts.  Journalists  and  users’  associations  severely  criticised  the 
barring  of  specific  journalists  or  media  outlets  from  attending  press  conferences  and  events 
organised  by  some  political  parties,  or  the  signalling  of  specific  journalists  in  their  social 
accounts or public statements, which can lead to self-censorship249. The reform of the Citizen 
Security Law, if approved, could address concerns from journalists250. A draft organic law on 
the professional secrecy of journalism251 has been discussed at the Justice Committee of the 
Congress. The draft text explicitly states that “no journalist will be prosecuted for protecting 
the identity of his sources”252 and that the professional secrecy right includes the right not to 
reveal the identity of the source, the channel to transmit the information, its content or any other 
information that could be used to identify the source. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Spain is a parliamentary monarchy, with a bicameral Parliament253. It is also a decentralised 
unitary  state  where  the  State  and  the  Autonomous  Regions  have  both  exclusive  and  shared 
competences254.  The  Constitutional  Court255  is  exclusively  competent  to  review  the 
constitutionality of laws, as well as appeals for constitutional protection of fundamental rights 
and  to  decide  on  potential  conflicts  between  constitutional  bodies  of  the  State256.  Both 
chambers of Parliament – the Congress and the Senate – have legislative competence, which 

241 2023 Media Pluralism Monitor, country report for Spain, page 11.  
242 https://www.mappingmediafreedom.org/ 
243  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 20. 
244  Several Journalists Targeted with Pegasus Spyware. 

https://fom.coe.int/en/alerte/detail/107637474;globalSearch=false 

245  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Spain 
246  https://fom.coe.int/en/alerte/detail/107638174;globalSearch=true 
247  https://fom.coe.int/en/alerte/detail/107637995;globalSearch=true 
248  https://fom.coe.int/en/alerte/detail/107639300;globalSearch=false 
249  Information received in the context of the country visit to  Spain from journalists’ associations (FAPE, PLI, 

APM). 

250  See Pillar IV. Other institutional issues related to checks and balances: Negotiations in Parliament have not 

succeeded on a reform of the Citizen Security Law.  

251  Draft organic law for the protection of the professional secrecy of journalism121/000135. 
252  Art.1 of draft Organic Law 121/000135. 
253  It consists of the Congress of Deputies (the lower house), and the Senate (the upper house). Both are directly 

elected. 

254  Autonomous Regions have political and financial autonomy, having an institutional organisation based on a 
Legislative  Assembly,  a  Governing  Council  with  executive  and  administrative  functions  and  a  President, 
elected by the Assembly from among its members. Autonomous Regions hold the power to pass laws on a 
wide  range  of  areas  over  which  they  have  exclusive  competence,  but  also  secondary  legislation  in  certain 
matters that are competence of the State, as well as the execution of State regulations. 

255  The Constitutional Court does not form part of the judiciary. 
256  Title IX of the Spanish Constitution. 

25 

 
                                                           
they can delegate to the Government, subject to certain limitations257. The Government, the 
two Chambers of Parliament, the assemblies of the autonomous regions, and a group of at least 
500 000 citizens have the right of legislative initiative.  

There  are  safeguards  ensuring  public  consultation  of  legal  proposals  prepared  by  the 
Government,  but  there  are  concerns  on  some  procedural  practices  in  Parliament.  The 
framework for draft legislation prepared by the Government guarantees transparency and the 
involvement  of  stakeholders258.  The  law  also  provides  the  areas  on  which  constitutional 
bodies259  should  be  consulted  when  the  Government  submits  legislation.  However,  these 
requirements  are  not  compulsory  for  draft  legislation  submitted  by  parliamentary  groups. 
Instances have been reported of using the transitional provisions of one legal act to introduce 
major amendments in another unrelated act260, a practice which the Constitutional Court has 
been  criticising  since  2011261,  reiterating  it  recently  in  an  interim  decision  of  December 
2022262.  Stakeholders  have  also  raised  concerns  regarding  the  excessive  use  of  emergency 
procedures263 for the approval of legislation264. All these practices raise concerns, as they by-
pass  the  requirements  for  public  consultation,  impact  assessment  and  consultation  of  the 
prescriptive bodies and may have an adverse impact on the quality of legislation. The quality 
of law-making is an important factor for investor confidence and a reason for concern about 
the effectiveness of investment protection for 46% companies in Spain265. 

The  Government  has  continued  implementing  initiatives  aimed  at  increasing  public 
participation in policymaking. The implementation of the Fourth Open Government Plan has 
continued266. In particular, in October 2022, the Government finalised an IT tool which allows 
citizens to publicly provide input or attach documents in relation to public plans or programmes 
in a participatory mode267. In addition, a new initiative of participation laboratories between 
civil  society  and  public  administrations  called  HazLab  has  been  launched268.  An  Open 
Administration  Week  has  also  been  organised  to  bring  public  administrations  closer  to  the 

257  Art. 82 of the Spanish Constitution. 
258  2020 Rule of Law Report, Country Chapter on the rule of law situation in Spain, pp. 11-12. The law foresees 
the obligation to conduct public consultations, for which a minimum period of 15 days is foreseen and draft 
legislation should be accompanied by a regulatory impact analysis report. This period can be reduced to seven 
days, when justified by special circumstances, or when an urgent legislative procedure applies. 
259  That includes the Council of State, the Council for the Judiciary and the Prosecution Council.  
260  Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report, pp. 23-24; Contribution from the Professional Association of the Magistracy for the 2023 Rule of Law 
Report,  p.  28;  Contribution  from  the  Foundation  ‘Hay  Derecho’  for  the  2023  Rule  of  Law  Report,  p.  27; 
Contribution from the Independent Judicial Forum for the 2023 Rule of Law Report, p. 23. 

261  Decision 119/2011 of 5 July. 
262  Decision 177/2022 of 19 December. 
263  In 2020, 20 royal-decrees with urgent measures have been adopted.  Input from Spain for the 2023 Rule of 

Law Report, p. 52. 

264  Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law 
Report, pp. 23-24; Contribution from the Professional Association of the Magistracy for the 2023 Rule of Law 
Report, p. 28; Contribution from the General Council of Spanish Lawyers for the 2023 Rule of Law Report, 
p.  20;  Contribution  from  the  Foundation  ‘Hay  Derecho’  for  the  2023  Rule  of  Law  Report,  pp.  26-27; 
Contribution  from  Judges  for  Democracy  for  the  2023  Rule  of  Law  Report,  p.  24;  Contribution  from  the 
Independent Judicial Forum for the 2023 Rule of Law Report, p. 23; Contribution from the Civic Platform for 
the Judicial Independence for the 2023 Rule of Law Report, p. 23.  

265  See figure 54, 2023 EU Justice Scoreboard. 
266  2022 and 2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p. 21 and p. 16 

respectively. 

267  Input from Spain for the 2023 Rule of Law Report, p. 51. 
268  Information provided by the Government. 

26 

 
                                                           
general public based on the principles of the Open Government, including more than 1 000 
public  events269.  Additionally,  a  collaboration  agreement  was  signed  with  a  civil  society 
umbrella  organisation270  in  order  to  promote  Open  Government  amongst  the  most 
vulnerable271.  Further  improvements  have  taken  place  in  relation  to  the  Open  Government 
Forum,  with  the  inclusion  of  representatives  dealing  with  transparency  matters  from  the 
Autonomous  Regions,  as  well  as  from  the  Council  for  the  Participation  of  Children  and 
Teenagers272.  Moreover,  Parliament  approved  a  Law  on  Evaluation  of  Public  Policies  in 
December  2022273,  which  regulates  the  establishment  of  a  General  Council  for  Evaluation, 
where entities, organisations and associations can contribute to the promotion of the evaluation 
culture274. In addition, that law authorises the creation of a State Agency that will supervise, 
coordinate and promote the public evaluation system, which is to contribute to transparency 
and accountability in decision-making275.  

Delays  continue  in  the  appointment  of  several  independent  authorities.    Following  the 
resignation of one of the members of the Constitutional Court in July 2022, this appointment 
remains  pending276.  Moreover,  there  are  other  independent  authorities  where  posts  have 
remained vacant for a long period of time, such as in the Data Protection Authority (since July 
2019)277. In the past there have also been substantial delays in the appointment of members of 
other  constitutional  bodies278.  These  appointments  require  the  agreement  between  the  main 
political parties in Parliament, as a majority of two thirds is normally required. In this context, 
the Venice Commission has stressed the importance of providing for qualified majorities for 
appointments  of  members  of  constitutional  institutions  while  warning  about  the  risk  of 
stalemates and recommending effective mechanisms to minimise the risk of deadlocks279. 

The Constitutional Court has prepared an action plan to speed up ‘amparo proceedings’. 
On  15  March  2023,  the  Constitutional  Court  approved  an  action  plan  to  accelerate  the 
processing and resolution of so-called ‘amparo cases’280. The plan regulates the submission of 

269  From 20 to 25 March 2023. Input from Spain for the 2023 Rule of Law Report, p. 61. 
270  Third Sector Platform.  
271  Information provided by the Government. 
272  Input from Spain for the 2023 Rule of Law Report, p. 57. 
273  Law 27/2022 of 20 December.  
274  The law also introduces ex-ante, mid-term and ex-post evaluation obligations. 
275  Among its competences, the Agency will be in charge of the management and maintenance of a thematic portal 

that aims to have a participative character of the Public Administrations and the Civil Society. 

276  The Senate appointed in 2017 the four members that it was entitled to, but one of them had to resign due to 

health problems in July 2022.  

277  In November 2021. the Parliament proceeded with the appointment of the President and the Deputy-President 
of the Data Protection Agency. However, the appointment was suspended by the Supreme Court on 21 March 
2022 (Decision of the Supreme Court 3787/2022). 

278  2022 Rule of Law Report,  Country  Chapter on the  rule of law situation in Spain, pp. 18-19. Those delays 

related to bodies such as the Ombudsperson and the members of the Court of Auditors.  

279  Venice  Commission  (CDL-AD(2018)015-e),  para.  14.  The  Venice  Commission  has  found  that  the  more 
formal rights and competences the parliamentary opposition is given within a constitutional and parliamentary 
system, the greater the responsibility of the same opposition not to misuse these powers, but to conduct their 
opposition in a way loyal to the basic system and the idea of legitimate and efficient democratic majority rule. 
The Venice Commission has also clarified that this is not an issue that can be legally regulated, or perceived 
as any form of formal “responsibility”, but is rather to be seen as a political and moral obligation. 

280  Constitutional Court, Press Release No. 21/2023 of 17 March 2023. 
  The object of amparo appeals is the protection against breaches of the rights and freedoms enshrined in the 
Constitution by any action or omission of the Government of the State, the Autonomous Communities or other 
public bodies of territorial, corporate or institutional nature. 

27 

 
                                                           
claims via digital tools by filling a form enabling the amparo appellants to set out clearly and 
precisely  the  potential  infringements  of  fundamental  rights,  the  special  constitutional 
significance  of  the  appeal  and  the  way  the  prior  judicial  remedy  has  been  exhausted.  It  is 
expected that this form will make it easier for appellants to avoid flaws in the drafting of claims 
and facilitate the identification by the Court of the essential aspects of the appeal, contributing 
to speeding up the processing of amparo cases, which has been suffering serious delays281. 

Parliament  approved  a  law  establishing  a  new  equality  body.  In  July  2022  Parliament 
approved a law establishing an Independent Authority on Equality and Non-discrimination282. 
The purpose of the Independent Authority will be to protect and promote the equality and non-
discrimination  of  all  citizens  both  in  the  public  and  private  sectors.  The  President  of  the 
Authority will be nominated by the Government, and the Parliament, by absolute majority, will 
have the power to accept or reject the candidate proposed. Moreover, the Ombudsperson, which 
is the national human rights institution, accredited with A status by the UN Global Alliance of 
National Human Rights Institutions (GANHRI), published its annual report in March 2023283, 
including,  among  others,  the  results  of  their  findings  on  the  impact  of  the  digital  divide  on 
citizens’ care services284.  

On 1 January 2023, Spain had 21 leading judgments from the European Court of Human 
Rights pending implementation, a decrease of two compared to the previous year285. At 
that time, Spain’s rate of leading judgments from the past 10 years that remained pending was 
at 53% (as compared to 61% in 2022), the average time that the judgments had been pending 
implementation was 2 year and 9 months (compared to 3 years and 1 month in 2022)286. The 
oldest leading judgment, which became final  10  years ago, that  is  pending implementation, 
concerns the lack of an effective remedy with suspensive effect, against decisions to remove 
the  applicants  to  their  country  of,  notwithstanding  the  risk  to  their  lives  and  risk  of  ill-
treatment287. On 15 June 2023, the number of leading judgments pending implementation has 
increased to 23288. 

Negotiations  in  Parliament  did  not  succeed  on  a  reform  of  the  Citizen  Security  Law, 
which could have addressed concerns regarding its impact on the civic space. Civil society 

281  Constitutional Court, Press Release No. 4/2023 of 19 January 2023. 
282  Law 15/2022, of 12 July.  
283  Defensor del Pueblo (2023), Annual Report 2022. 
284  Information provided by the office of the Ombudsperson in the context of the country visit to Spain.  
285 The  adoption  of  necessary  execution  measures  for  a judgment  by  the  European  Court  of  Human  Rights  is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

286  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 7. 
In 2022, the Committee of Ministers closed the execution process in 9 leading judges (compared to only 2 in 
2021,  only  1  in  2020  and  only  4  in  2019).  One  of  this  was  a  leading  case  under  the  enhanced  procedure 
concerning the right of appeal in criminal matters following a legislative reform in 2015 of the admissibility 
criteria for cassation appeals and the general guidance given by the Supreme Court in November 2021 on the 
Convention-compliant application of the new provisions.  

287  Judgment of the European Court of Human Rights of 24 April 2014,  A.C. and Others v. Spain, 47159/08, 

pending implementation since 2014. 

288  Data according to the online database of the Council of Europe (HUDOC-EXEC). 

28 

 
                                                           
 
space continues to be considered narrowed289. On 14 March 2023, political parties failed to 
reach an agreement in the Internal Affairs Committee of the Congress over the reform of the 
Citizen Security Law290. Stakeholders291 have considered this as a missed opportunity, as they 
consider that the current law has a negative impact on the right of assembly and the freedom 
of expression, and on the civic space in general292. Previous Rule of Law Reports referred to 
concerns from stakeholders, related to, among others, offences in the context of meetings and 
demonstrations, and the use of images or data by the police293. Moreover, in the context of her 
visit  to  Spain  in  November  2022,  the  Council  of  Europe  Commissioner  for  Human  Rights 
stated294 that the reform  could  be used as an opportunity to  bring the law fully in  line with 
international human rights standards295. The reform, which had been pending in Parliament as 
referred  in  previous  Rule  of  Law  Reports296  and  is  a  commitment  under  the  Coalition 
Agreement297, would need to be re-tabled in order to resume the legislative process.  

289  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

290  Congress, Minutes of the Internal Affairs Committee, No. 864 of 14 March 2023. 
291  Public statement made on 14 March 2023 by Amnistía Internacional, No Somos Delito, Greenpeace, IRIDIA, 

Defender a quien Defiende, Rights International Spain, Novact and Legal Sol.  

292  Contribution from Rights International Spain for the 2023 Rule of Law Report, p. 13.  
293  2022 and 2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp. 21-22 and pp. 

18-19 respectively.  

294  Council of Europe (2022), Press release of 29 November 2022. 
295   In  particular,  the  Council  of  Europe  Commissioner  mentioned  that  the  provisions  of  the  law  related  to 
sanctions if a disturbance of public order occurs during demonstrations seem to be contrary to the case-law of 
the European Court of Human Rights and the OSCE/ODIHR-Venice Commission Guidelines on Freedom of 
Peaceful Assembly.  

296  2022 and 2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp. 21-22 and pp. 

18-19 respectively. 

297  A progressive coalition, December 2019, Commitment 5.6.  

29 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2023 Rule of Law report 
can 
https://commission.europa.eu/publications/2023-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Amnistía  Internacional,  No  Somos  Delito,  Greenpeace,  IRIDIA,  Defender  a  quien  Defiende,  Rights 
International  Spain,  Novact  and  Legal  Sol  Public  (2023),  Statement  made  on  14  March  2023 
https://www.es.amnesty.org/en-que-estamos/noticias/noticia/articulo/espana-ley-mordaza-
oportunidad-perdida-y-frenazo-en-la-proteccion-de-los-derechos-humanos.  

Anti-Corruption Prosecutor’s Office (2020), Annual Report 2019. 

Anti-Corruption Prosecutor’s Office (2022), Annual Report 2021. 

Associations  of 
http://www.juecesdemocracia.es/2023/05/03/comunicado-conjunto-de-las-aajjff-sobre-la-reunion-
mantenida-con-el-mju-el-3-de-mayo-2023/.  

and  prosecutors 

(2023),  Press 

release  of  3  May  2023 

judges 

Association of Prosecutors (2023), Contribution from the Association of Prosecutors for the 2023 Rule 
of Law Report.  

Asociación De Profesionales de las relaciones institucionales (APRI) (2022), Observations to the Draft 
law on Lobbying (“Observaciones de APRI - Anteproyecto de ley de transparencia e integridad en las 
actividades 
interés) 
ObservacionesAPRIAnteproyectodeLeydeTransparenciaeIntegridadenlasActividadesdelosGruposInte
res_2022_FINAL.pdf (relacionesinstitucionales.es). 

grupos 

los 

de 

de 

Centre  for  Media  Pluralism  and  Media  Freedom  (2023),  Media  Pluralism  Monitor  2022  –  country 
report on Spain. 

Civic  Platform  for  the  Judicial  Independence  (2023),  Contribution  from  the  Civic  Platform  for  the 
Judicial Independence for the 2023 Rule of Law Report.  

Congress  (2023),  Minutes  of  the  Internal  Affairs  Committee,  No.  864  of  14  March  2023 
https://www.congreso.es/es/busqueda-de-
publicaciones?p_p_id=publicaciones&p_p_lifecycle=0&p_p_state=normal&p_p_mode=view&_publi
caciones_mode=mostrarTextoIntegro&_publicaciones_legislatura=XIV&_publicaciones_id_texto=(D
SCD-14-CO-864.CODI.)  

Constitutional  Court 
https://www.tribunalconstitucional.es/NotasDePrensaDocumentos/NP_2023_004/NOTA%20INFOR
MATIVA%20N%C2%BA%204-2023.pdf.  

(2023),  Press  Release  No. 

January 

04/2023 

19 

of 

2023 

Constitutional  Court 
https://www.tribunalconstitucional.es/NotasDePrensaDocumentos/NP_2023_021/NOTA%20INFOR
MATIVA%20N%C2%BA%2021-2023.pdf.  

(2023),  Press  Release  No. 

17  March 

21/2023 

of 

2023 

Consultative Council of European Judges (CCJE) (2007), Opinion No. 10 (2007) on Council for the 
Judiciary in the Service of Society.  

Consultative Council of European Judges (CCJE) (2015), Opinion No. 18 (2015) on the position of the 
judiciary and its relation with the other powers of state in a modern democracy.  

Consultative Council of European Judges (CCJE) (2021), Opinion No. 24 (2021) on Evolution of the 
Councils for the Judiciary and their role in independent and impartial judicial systems. 

Council of Europe, Platform to promote the protection of journalism and safety of journalists, Spain.  

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council of Europe: Venice Commission (2010), Report on the role of the opposition in a democratic 
Parliament (CDL-AD(2010)025-e).  

30 

 
Council  of  Europe:  Venice  Commission  (2013),  Opinion  on  the  legislation  on  defamation  of  Italy 
(CDL-AD(2013)038). 

Council of Europe: Venice Commission (2018), Montenegro - Opinion on the draft law on amendments 
to the law on the Judicial Council and Judges (CDL-AD(2018)015-f). 

Council  of  Europe:  Venice  Commission  (2019),  Parameters  on  the  Relationship  between  the 
Parliamentary Majority and the Opposition in a Democracy: a checklist (CDL-AD(2019)015-e). 

of 

Europe 

Council 
Press 
https://www.coe.int/fi/web/commissioner/-/spain-should-advance-social-rights-better-guarantee-
freedoms-of-expression-and-assembly-and-improve-human-rights-of-refugees-asylum-seekers-and-
migran.  

November 

(2022), 

release 

29 

of 

2022 

for 

the 

Judiciary 

16  November 
Council 
https://www.poderjudicial.es/cgpj/es/Poder-Judicial/En-Portada/Comunicado-de-la-Comision-
Permanente-en-relacion-con-las-resoluciones-judiciales-dictadas-como-consecuencia-de-la-entrada-
en-vigor-de-la-Ley-Organica-10-2022--de-garantia-integral-de-la-libertad-sexual.  

Release 

(2023), 

Press 

of 

2022 

Council for the Judiciary (2023), Report on the draft preliminary law on classified information. 

Council of Transparency and Good Governance (2022), 2022-2025 Strategic Plan. 

Court of Auditors (2021), Opinion 1445 regarding funding, financial-economic activities and control 
of political parties and foundations and other entities linked to political parties. 

Court  of  Auditors (2021),  The  Court  of  Auditors  approves the  audit  report  on compliance  with  the 
regulations on compensation received for dismissal of senior positions and the remuneration regime of 
senior managers of certain entities of the state public sector, financial year 2019. 

CSIF,  Press  release  of  22  May  2023  https://www.csif.es/contenido/nacional/administracion-de-
justicia/361807. 

Defensor del Pueblo (2023), Annual Report 2022. 

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Spain.  

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Spain. 

European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Spain. 

European Commission (2022), European Media Freedom Act Impact Assessment, Part 2, section 7.3.2 
Measures providing a system of ministerial override of media mergers and acquisitions on the basis of 
media pluralism, general national interests, strategic economic importance and preventing the creation 
of influential positions. 

European Commission (2023), EU Justice Scoreboard. 

European  Court  of  Human  Rights  (2014),  Judgment  of  24  April  2014,  A.C.  and  Others  v.  Spain, 
47159/08.  

European Court of Human Rights (2023), Judgment of 22 June 2023, Lorenzo Bragado and Others v. 
Spain, 53193/21 and 5 others. 

European Implementation Network (2023), Contribution from the European Implementation Network 
for the 2023 Rule of Law Report.  

European Parliament (2022), Flash Eurobarometer: News & Media Survey 2022. 

Fiscal Council (2021), Contribution of the Fiscal Council to the Preliminary Draft of the Organic Law 
of  Criminal  Prosecution  https://www.fiscal.es/-/comunicado-del-consejo-fiscal-al-anteproyecto-de-
ley-org-c3-a1nica-de-enjuiciamiento-criminal.  

31 

 
Foundation ‘Hay Derecho’ (2023), Contribution from Foundation ‘Hay Derecho’ for the 2023 Rule of 
Law Report.  

Foundation ‘Hay Derecho’ (2023), The reform of the crime of embezzlement of public funds and the 
new  crime  of  illicit  enrichment  https://www.hayderecho.com/2023/01/30/la-reforma-del-delito-de-
malversacion-de-caudales-publicos-y-el-nuevo-delito-de-enriquecimiento-ilicito/. 

General  Council  of  Spanish  Lawyers  (2023),  Contribution  from  the  General  Council  of  Spanish 
Lawyers for the 2023 Rule of Law Report.  

GRECO (2014), Fourth Evaluation Round – Evaluation Report.  

GRECO (2019), Fifth Evaluation Round – Evaluation Report. 

GRECO (2021), Fourth Evaluation Round – Second Interim Compliance Report.  

GRECO (2022), Fourth Evaluation Round – Addendum to the Second Compliance Report.  

GRECO (2022), Fifth Evaluation Round - Compliance Report Preventing corruption and promoting 
integrity in central governments (top executive functions) and law enforcement agencies on Spain.  

Grupodanieljones.org (2022), Political power’s media capture strategies in Spain (2016-2021) 
https://grupodanieljones.org/isabel-fernandez-alonso-publica-un-articulo-sobre-captura-de-los-
medios-por-el-poder-en-espana-en-el-european-journal-of-communication/.  

(2022), 
Independent 
https://forojudicialindependiente.es/comunicado-fji-sobre-la-revision-de-condenas/.   

Judicial 

Release 

Forum 

Press 

of 

17  November 

2022 

Independent Judicial Forum (2023), Contribution from the Independent Judicial Forum for the 2023 
Rule of Law Report.  

Judges  and  Magistrates’  Association  “Francisco  de  Vitoria”  (2022),  Press  Release  of  17  November 
2022 http://www.ajfv.es/wp-content/uploads/2022/11/Comunicado-ley-10_2022-def.pdf 

Judges and Magistrates’ Association ‘Francisco de Vitoria’ (2023), Contribution from the Judges and 
Magistrates’ Association ‘Francisco de Vitoria’ for the 2023 Rule of Law Report. 

for 

Judges 
Press 
http://www.juecesdemocracia.es/2022/11/16/comunicado-de-jjpd-en-relacion-con-las-declaraciones-
del-ministerio-de-igualdad/.  

Democracy 

November 

Release 

(2022), 

16 

of 

2022 

Judges  for  Democracy  (2023),  Contribution  from  Judges  for  Democracy  for  the  2023  Rule  of  Law 
Report. Madrid’s Bar Association (2023), Contribution from Madrid’s Bar Association for the 2023 
Rule of Law Report. 

Ministry of Finance and Public Administration (2023), Integrity System of the General Administration 
–  document  for  consultation  https://transparencia.gob.es/transparencia/dam/jcr:fc362bf5-ab00-43f3-
8ff3-e471dabb0fe0/SISTEMA%20DE%20INTEGRIDAD%20AGE%20V2.1.pdf.  

OECD 
https://www.oecd.org/gov/ethics/OECD-Recommendation-Public-Integrity.pdf. 

Recommendation 

Council 

(2017), 

the 

on 

of 

Public 

Integrity 

OECD  (2021),  Enhancing  Public  Accountability  in  Spain  Through  Continuous  Supervision 
https://www.oecd.org/governance/enhancing-public-accountability-in-spain-through-continuous-
supervision-825740cc-en.htm. 

OECD  (2022),  Implementing  the  OECD  anti-bribery  convention  in  Spain:  Phase  4  Report 
https://www.oecd.org/daf/anti-bribery/spain-phase-4-report.pdf. 

OECD  Working  Group  on  Bribery  (2022),  Spain  needs  to  step  up  its  foreign  bribery  enforcement 
without  delay,  says  the  OECD  Working  Group  on  Bribery  (https://www.oecd.org/daf/anti-
bribery/spain-needs-to-step-up-its-foreign-bribery-enforcement-without-delay.htm).  

32 

 
Office for Conflicts of Interest (2022).  Report on the degree of compliance with Law 3/2015, of 30 
March,  regulating 
the  General  State  Administration 
https://www.boe.es/boe/dias/2022/08/01/pdfs/BOE-A-2022-12875.pdf. 

the  exercise  of  senior  positions 

in 

Office for Conflicts of Interest of the Spanish Parliament (2023), 2022 Annual Report of the Office for 
Conflicts of Interest https://www.congreso.es/public_oficiales/L14/CORT/BOCG/A/BOCG-14-CG-A-
264.PDF.  

Office for Conflicts of Interest of the Spanish Parliament (2023), 2022 Annual Report of the Office for 
Conflicts of Interest https://www.congreso.es/public_oficiales/L14/CORT/BOCG/A/BOCG-14-CG-A-
311.PDF.  

Popular 

Partido 
https://www.pp.es/sites/default/files/documentos/22.10.27_comunicado_consejo_general_del_poder_j
udicial.pdf 

October 

(2022), 

release 

Press 

27 

of 

2022  

Professional  Association  of  the  Magistracy  (2022),  Press  Release  of  17  November  2022 
https://apmnacional.es/actualidad/comunicado-de-la-apm-en-relacion-a-las-declaraciones-de-la-
ministra-de-igualdad-17nov2022/.  

Professional Association of the Magistracy (2023), Contribution from the Professional Association of 
the Magistracy for the 2023 Rule of Law Report. 

Prosecutors Council (2022), Report of the on the draft preliminary law on classified information. 

Prosecutor 
https://www.fiscal.es/memorias/memoria2022/FISCALIA_SITE/index.html. 

General 

(2022), 

2022 

Report 

PSOE  and  Unidas  Podemos 
content/2019/12/30122019-Coalici%C3%B3n-progresista.pdf.  

(2019),  A  progressive  coalition  https://www.psoe.es/media-

Radio Televisión Española (2022), Elena Sánchez Caballero, nueva presidenta interina del Consejo de 
https://www.rtve.es/rtve/20220927/elena-sanchez-caballero-nueva-
Administración 
presidenta-interina-consejo-administracion-rtve/2404024.shtml 

de  RTVE, 

Reporters without Borders – Spain - https://rsf.org/en/country/spain 

Government 

Spanish 
https://www.dsn.gob.es/es/documento/estrategia-nacional-contra-crimen-organizado-delincuencia-
grave 

Organised 

Strategy 

against 

(2019), 

Crime 

2019-2023 

Government 

Spanish 
(2023), 
https://transparencia.gob.es/transparencia/dam/jcr:2a0d9dfb-0ee6-4329-a254-
c83b09835f06/170123%20IV%20PLAN%20DE%20GOBIERNO%20ABIERTO_ACTUALIZACIO
N.pdf.  

Government 

Fourth 

Open 

Plan 

Supreme Court (2023), Contribution from the Supreme Court for the 2023 Rule of Law Report.  

Supreme Court (2023), Report of the Technical Cabinet of the Supreme on the impact in the Supreme 
Court  on  the  non-possibility  to  cover  vacant  posts  https://www.poderjudicial.es/cgpj/es/Poder-
Judicial/Tribunal-Supremo/En-Portada/La-Sala-de-Gobierno-del-Tribunal-Supremo-insta-a-las-
Cortes-a-dar-una-solucion--inmediata--a-la--situacion-insostenible--del-tribunal--con-un-30-por-
ciento-de-vacantes.   

Transparency International (2022), Exporting Corruption 20222 - Assessing enforcement of the OECD 
https://files.transparencycdn.org/images/2022-Report-Slim-version-
Anti-Bribery 
Exporting-Corruption-EN.pdf.  

Convention 

33 

 
 
 
Annex II: Country visit to Spain 

The Commission services held virtual meetings in March 2023 with: 

IGAE 
Independent Judicial Forum 
Independent Office for Regulation and Supervision Public Procurement (OIReScon) 

  Association of ‘Abogados del Estado’ 
  Association of Media Users 
  Association of Prosecutors 
  Association of Women Judges of Spain 
  Civic Platform for the Judicial Independence 
  Civil Guard 
  Constitutional Court 
  Coordinator of Non-Governmental Organisations for Development in Spain 
  Court of Auditors 
  European Journalists’ Association (APE) 
  Federation of associations of journalists of Spain (FAPE) 
  Foundation ‘Hay Derecho’ 
  General Council of Spanish Lawyers 
  General Council for the Judiciary 
 
 
 
  Judges and Magistrates’ Association “Francisco de Vitoria” 
  Judges for Democracy 
  Madrid Press Association (APM) 
  Ministry of Foreign Affairs 
  Ministry of Home Affairs 
  Ministry of Justice 
  Ministry of Finance 
  Ministry of the Presidency 
  National Commission of Markets and Competition 
  National Council of Court Clerks  
  National Police 
  Office of Conflict of interests 
  Ombudsperson’s Cabinet 
  Platform in Defence of Freedom of Information (PLI) 
  Platform “Tercer Sector” 
  Professional Association of the Magistracy 
  Progressive Union of Prosecutors 
  Representatives of Congress and Senate 
  Rights International Spain 
  Professional and Independent Association of Prosecutors (APIF) 
  Prosecutor's Office Against Corruption and Organised Crime 
  Supreme Court 
  Technical Cabinet of the Prosecutor General’s Office 
  Transparency Council 
  Transparency International España 

34 

 
* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  
  Free Press Unlimited 
  Front Line Defenders 
 
 
 
 
 
  JEF Europe  
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  

35