COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Spain, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 809 final  COMMISSION STAFF WORKING DOCUMENT 2024 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 2024 Rule of Law Report                  The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

Following a structured dialogue with the European Commission as facilitator, an  agreement 
has been reached to renew the Council for the Judiciary and to initiate, immediately after the 
renewal,  a  process  in  view  of  adapting  the  appointment  of  its  judges-members,  taking  into 
account European standards. The lack of renewal of the Council for the Judiciary has had a 
negative impact on the work of the Supreme Court and on the justice system as a whole, and 
the  agreement  of  25  June  2024,  if  fully  implemented,  is  expected  to  improve  the  situation. 
There has been some progress to strengthen the statute of the Prosecutor General. The Ethics 
Commission  for  prosecutors  has  become  fully  operational.  New  measures  are  envisaged  as 
regards  the  incompatibilities  regime  for  judges  and  prosecutors.  Measures  were  taken  to 
further improve the legal aid framework and the digitalisation of justice. Additional posts for 
judges have been established and measures are being taken to address challenges relating to 
resources faced by the justice system. A new law on the right of defence is under preparation. 
Further measures aimed at increasing the efficiency of the justice system have been adopted. 

The Government is mandated by law to adopt, by September 2024, a comprehensive strategy 
to  prevent  and  fight  corruption,  however  work  is  yet  to  start  on  it.  New  rules  regarding 
corruption offences are being enforced. The reform of the Criminal Procedure Code, expected 
to  contribute  to  address  the  length  of  investigations  and  prosecutions,  is  still  pending.  The 
overall efficiency of the Council of Transparency and Good Governance was improved by a 
document  management  system,  and  the  increase  of  its  budgeting  and  personal  resources, 
though  the  complexity  of  cases  is  increasing.  No  specific  timeline  is  foreseen  to  improve 
rules on conflicts of interest for public employees within all different administrations despite 
ongoing  work  since  2021.  No  steps  have  been  taken  to  strengthen  the  rules  on  conflicts  of 
interest  and  asset  declarations  of  persons  with  top  executive  functions  and  to  reinforce  the 
sanctioning power of the Office for Conflicts of Interest.  

The  audiovisual  regulatory  authority  has  sufficient  resources  to  perform  its  tasks  and  its 
supervisory  function  was  further  strengthened.  The  inclusion  of  providers  of  video  sharing 
platforms,  providers  of  audiovisual  media  service  aggregation  services  and  users  of  special 
relevance in the new national registry will increase transparency of media ownership, which 
remains overall an area of concern. There have been no changes to the legal framework for 
institutional  advertising,  while  calls  for  increased  transparency  in  the  distribution  of 
institutional  advertising  to  avoid  its  use  for  partisan  or  electoral  purposes  continue.  A  new 
acting chair of the public service media has been appointed in the absence of an agreement in 
the  Congress  to  appoint  a  new  board  and  chair.  There  has  been  no  further  progress  to 
strengthen  access  to  information,  and  stakeholders  continue  to  voice  concerns.  Journalists 
continue facing increasing challenges in the performance of their professional activities. 

An  “Organic  Law  on  Amnesty  for  the  Institutional,  Political  and  Social  Normalisation  of 
Catalonia”, which was the subject of major controversy and a Venice Commission Opinion, 
was adopted by Congress on 30 May 2024 and entered into force on 11 June 2024. Different 
initiatives aimed at strengthening public participation in policymaking and promoting a rule 
of law culture have been taken. Concerns on some procedural practices relating to the use of 
emergency procedures for the approval of legislation remain. A new equality body is being 
set up, while posts in a number of independent authorities continue to be vacant. Measures to 
accelerate proceedings before the Constitutional  Court are being  implemented.  A  reform  of 
the Citizen Security Law is still pending, though considered a priority by the Government. On 
17 July 2024, the Government announced a Democracy Action Plan, covering aspects such as 
transparency, conflicts of interests and media freedom.  

1 

 
 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2023 Rule of Law Report, Spain has (made): 

•  Some progress on strengthening the statute of the Prosecutor General, but not 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.  

•  Significant progress on renewing 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  on  Councils  for  the 
Judiciary.  

•  No  further  progress  on  proceeding  to  adopt  legislation  on  lobbying,  including  the 

establishment of a mandatory public register of lobbyists.  

•  Some  progress  on  stepping  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. 
•  No  progress  on  strengthening  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. 

•  No further progress  on strengthening access  to  information,  in  particular via revision of 
the Law on Official Secrets, taking into account European standards on access to official 
documents. 

On this basis, and considering other developments that took place in the period of reference, 
it is recommended to Spain to: 

•  Continue 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.  

•  Building  on the  agreement  of  25  June  2024,  finalise  the  renewal  of  the  Council  for  the 
Judiciary and take forward the process in view of adapting the appointment procedure 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, including by reinforcing the independence and 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  and  regulated  in  the  organic  law  for  the 
judiciary, 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 the Presidency, Justice and Relations with the Parliament 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 both 
the  general  public  and  companies.  Overall,  37%  of  the  general  population  and  32%  of 
companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 
in  20247.  The  perceived  judicial  independence  among  the  general  public  has  increased  in 
comparison with 2023 (34%), although it remains lower in comparison with 2020 (44%). The 
perceived  judicial  independence  among  companies  has  decreased  in  comparison  with  2023 
(34%), as well as with 2020 (42%). 41% of the companies in Spain are either fairly or very 
confident that their investments are protected by the law and courts in the Member State. 42% 
of the surveyed companies see the quality, efficiency or independence of justice as one of the 
main reasons for concern about investment protection in the country8.  

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   Spanish Constitution, art. 159. 
5   Organic Law 2/1979, of 3 October. 
6   Spanish Constitution, art. 124(4). 
7   Figures 51 and 53, 2024 EU Justice Scoreboard, and Figures 50 and 52, 2022 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%).  

8   Figures 55 and 56, 2024 EU Justice Scoreboard.  

3 

 
 
Following  a  structured  dialogue  with  the  European  Commission  as  facilitator,  an 
agreement  has  been  reached  to  renew  the  Council  for  the  Judiciary  and  to  initiate, 
immediately  after  the  renewal,  a  process  in  view  of  adapting  the  appointment  of  its 
judges-members, taking into account European standards. The 2023 Rule of Law Report 
recommended  to  Spain  to  “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”9. According 
to the relevant Organic Law, the Presidents of the Congress and of the Senate must take the 
necessary measures to  ensure that the Council is renewed10. Due to  the  absence of renewal 
until  July  2024,  and  despite  procedures  which  called  for  a  renewal  in  December  2018,  the 
Council for the Judiciary had continued to exercise its functions ad interim, further increasing 
the concerns already raised in previous Rule of Law Reports11. The Group of States against 
Corruption  (GRECO)  had  considered  the  deadlock  of  the  renewal  to  be  a  critical  concern, 
also referring to the need to  take into account European standards on judicial councils12.  In 
December 2023 the two main political parties engaged again in negotiations on the renewal 
of  the  Council  for  the  Judiciary13  proposing  that  the  European  Commission  facilitates  the 
process.  Against  this  background,  the  Commission  confirmed  its  readiness  to  play  its  role 
and, in January 2024, set up a structured dialogue based on the recommendations regarding 

9   2022 and 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p. 2 and p. 2 
respectively. In the 2023 Rule of Law Report, the Commission concluded that no progress was made on the 
recommendation. 

10   Organic Law 6/1985 of the Judicial Power, art. 568. 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.  

11   2023, 2022, 2021 and 2020 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp. 

3-6, pp. 3-5, pp. 2-4, and pp. 2-3 respectively. 

12   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 at the service of society, para. 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.   

13   According to Art. 122(3) of the Spanish Constitution, the Council for the Judiciary consists of the President 
of the Supreme Court (chairing) and of 20 individuals – 12 judges or magistrates, and eight lawyers or other 
jurists  of  recognised  competence  with  more  than  15  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. On the other hand, as referred to in the 2023 Rule of Law 
Report, Country Chapter on the rule of law situation in Spain, p. 4, the Venice Commission has 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,  Parameters  on  the  relationship  between  the  parliamentary  majority  and  the 
opposition in a democracy: a checklist, CDL-AD(2019)015.  

4 

 
 
 
the Council for the Judiciary made in  its 2022 and 2023 Rule of Law Reports14.  Following 
four meetings15, the structured dialogue led on 25 June 2024 to an agreement on the renewal 
of the Council for the Judiciary and on the reform of the Organic Law on the Judiciary16. As 
recommended by the European Commission, the agreement concerns the immediate renewal 
of the 20 members of the Council for the Judiciary and the presentation of a draft organic law 
that  will  strengthen  the  independence  of  the  judiciary.  It  is  expected  that  Members  of  the 
Council  will  be  appointed  on  23  and  24  July  2024  and  the  proposed  reform,  which  was 
registered on 26 June 2024, will be approved by Parliament by the end of July 202417. The 
agreement  provides  that  the  Council  for  the  Judiciary  should,  within  six  months  and  by  a 
qualified  majority  of  three  fifths,  adopt  a  proposal  to  reform  the  system  of  appointment  of 
members from judges and magistrates and send it to the Government, the Congress and the 
Senate.  On  that  basis,  the  holders  of  the  legislative  initiative  draw  up  and  submit  to  the 
consideration of the Cortes Generales a bill or draft law to reform the system for the election 
of judicial officers for debate and if  appropriate processing and approval.  This  will involve 
the direct participation of judges, taking into account European standards and the monitoring 
of the Rule of Law Report. Some stakeholders18 had continuously asked for a change of the 
system of appointment of the members of the Council for the Judiciary, in accordance with 
European  standards19.  Before  the  agreement  of  25  June  2024,  a  number  of  initiatives  had 
been  put  forward  to  identify  possible  solutions,  including  a  proposal  tabled  by  a 
parliamentary group to reform the system of appointment of the Council for the Judiciary20 
and a proposal from the President of the Council for the Judiciary21 to withdraw the power to 
appoint court presidents from the Council for the Judiciary, as a possible way to facilitate its 
renewal. Since an agreement has been reached to renew the Council for the Judiciary and to 
initiate,  immediately  after  the  renewal,  a  process  in  view  of  adapting  the  system  of 
appointment of its judges-members, taking into account European standards on Councils for 
the  Judiciary,  significant  progress  has  been  achieved  on  the  recommendation  made  in  the 
previous years. 

14   Commission  statement  of  26  January  2024  ‘Commission  proposes  to  hold  a  structured  dialogue  on  the 
implementation  by  Spain  of  the  recommendation  of  the  rule  of  law  report  related  to  the  Spanish  National 
Council for the Judiciary’. 

15   The  statement  by  the  ENCJ  Executive  Board  and  the  European Association  of  Judges  on  the  renewal  of 
Spanish Council for the Judiciary (CGPJ) of 2 April 2024 encouraged all actors involved to work together 
towards resolving the current situation. 

16    Statement  by  the  European Commission  of  25  June 2024  on  the  agreement  reached on  the  renewal of  the 

Spanish Council for the Judiciary and the reform of the Organic Law on the Judiciary. 

17  The draft bill reforming the Organic Law on the Judiciary also  introduces a regime of incompatibilities and 
specific conditions to be eligible for appointment as a member of the Council for the Judiciary as lawyer or 
jurist of recognised competence. 

18   Contribution from the Civic Platform for the Judicial Independence for the 2024 Rule of Law Report, p. 16; 
Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law 
Report, p. 12; Contribution from the Professional Association of the Magistracy for the 2024 Rule of Law 
Report, p. 11; Contribution from the Foundation “Hay Derecho” for the 2024 Rule of Law Report, p. 5. 
19   Recommendation CM/Rec(2010)12 of the  Committee of Ministers of the Council of Europe, para. 26 and 

27. 

20   Proposal  of  an  Organic  Law  to  modify  Organic  Law  6/1985  tabled  on  29 April  2024,  proposing  that  all 
judges-members of the Council for the Judiciary would be elected by the Congress and also the possibility of 
lowering the necessary three-fifths majority to absolute majority to appoint them. 

21   Article  ‘Diluir  la  tensión’  of  2  December  2023  published  in  the  newspaper  El  País.  The  proposal  of  the 
President of the Council for the Judiciary has been sent to the Congress and the Senate on 23 April 2024. 

5 

 
 
The lack of renewal of the Council for the Judiciary has had a negative impact on the 
work of the Supreme Court and on the justice system as a whole, and the agreement of 
25 June 2024, if fully implemented, is expected to improve the situation.  As outlined in 
previous Rule of Law Reports22, following the introduction in March 2021 of the ad interim 
regime  for  the  Council  for  the  Judiciary23,  an  acting  Council  could  no  longer  proceed  with 
appointments for top judicial positions, including to the Supreme Court24. Due to the lack of 
renewal until July 2024, there were at the time of adoption of the 2024 Rule of Law Report, 
27 vacancies in the Supreme Court25. Moreover, there were eight vacant posts of presidents 
of the High Courts of Justice, 30 vacant posts of presidents of Provincial Courts, two vacant 
posts of president of a Chamber of the National High Court and 26 vacant posts of presidents 
of  Chambers  of  High  Courts  of  Justice26.  Overall,  there  were  99  judicial  posts  pending 
appointment27. The Supreme Court has stressed the negative consequences of this situation28. 
In order to ensure continuity of its operations under these circumstances, the Supreme Court 
has  requested  a  reinforcement  of  23  lawyers  for  its  Technical  Cabinet,  which  has  been 
approved by the Ministry of Justice until 30 June 2025 and has allowed issuing around 1 000 
more  decisions  per  year29.  Following  the  agreement  on  the  renewal  of  the  Council  for  the 
Judiciary  of  25  June  2024,  it  will  be  able  to  proceed  with  pending  appointments  of  top 
judicial positions.  

There has been some progress on strengthening the statute of the Prosecutor General. 
The  2023  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’30.  New  rules  of  procedure  for  the 
prosecution service were approved in May 2022 and a  law was adopted in September 2022 
which  provided  that,  six  months  after  its  entry  into  force,  the  Ministry  of  Justice  would 
regulate  the  communications  between  the  Prosecution  Service  and  the  Government31. 
However, no further steps have been taken and the requirement to act within six months has 
not been respected. Stakeholders continue raising concerns that no measures have been taken 
to  address  the  separation  of  the  term  of  office  of  the  Prosecutor  General  from  that  of  the 

22   2023, 2022 and 2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp. 5-6, 

pp. 3-5 and pp. 2-4, respectively. 

23   Organic Law No. 4/2021, of 29 March. This reform has been declared to be in accordance with the Spanish 

Constitution by the Constitutional Court in its ruling 128/2023 of 2 October, ECLI:ES:TC:2023:128. 

24   The law prevents the acting Council to appoint the president of the Supreme Court, presidents of Provincial 
Courts and High Courts of Justice, the president of the National High Court, and presidents of Chambers and 
Supreme Court judges. A reform introduced by Organic Law No. 8/2022 of 27 July reinstated the Council’s 
power to appoint two members of the Constitutional Court. 

25   Written contribution from the Spanish Council for the Judiciary in the context of the country visit to Spain.  
26   Ibidem. 
27   Ibidem. 
28   Written contribution from the Technical Cabinet of the Supreme Court in the context of the country visit to 

Spain.  
29   Ibidem. 
30   2023  and  2022  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Spain,  p.  2  and  p.  2 
respectively. In the 2023 Rule of Law Report, the Commission concluded that no further progress was made 
on the recommendation. 

31   2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Spain,  p.  6.  Such  a  regulation 
could be a way of addressing concerns previously raised by the European Commission and by GRECO in 
the Fourth Evaluation Round (2014), Evaluation Report, recommendation ix.  

6 

 
 
Government32.  The  question  as  to  whether  the  separation  of  these  terms  of  office  would 
require  a  reform  of  the  Constitution33  continues  to  remain  under  discussion34.  GRECO  had 
underscored  the  need  to  increase  the  budgetary,  normative,  and  training  autonomy  of  the 
Prosecution  Service  in  a  report  of  December  202235.  The  agreement  on  the  renewal  of  the 
Council for the Judiciary of 25 June 2024 foresees the reform of the Organic Statute of the 
Public Prosecutor’s Office36 to provide for a prohibition that citizens having been in political 
office 
including  ministers,  vice-ministers,  members  of  regional 
governments, mayors, and members of the Congress, the Senate, the European Parliament or 
regional  parliaments  can  become  Prosecutor  General,  and  requests  that  the  Prosecutor 
General cannot act in cases that affect her or him personally. As some measures have been 
taken to strengthen the statute of the Prosecutor General, there has been some progress on the 
implementation of the recommendation made in the previous years. 

last  years, 

the 

in 

The Ethics Commission for prosecutors has become fully operational.  As mentioned in 
the 2023 Rule of Law Report37, on 26 September 2022, the Prosecution Service established 
an  Ethics  Commission  for  prosecutors.  Its  aim  is  to  interpret  the  ethical  code  of  the 
Prosecution  Service  by  providing  reports  and  opinions38.  The  Ethics  Commission  does  not 
address  disciplinary or civil  proceedings nor  criminal  responsibility of prosecutors. Since  it 
was  formally  set  up,  it  has  met  on  a  regular  basis  and  has  adopted  three  agreements  on 
consultations related to the ethical conduct of prosecutors39. 

The Council for the Judiciary and other stakeholders continued voicing concern about 
public  statements  regarding  the  judiciary  made  by  politicians.  There  have  been  public 
statements  by  politicians,  including  from  the  Government,  criticising  the  judiciary.  The 
Council for the Judiciary40 and the four main associations of judges41 have repeatedly alerted 
about  such  statements,  both  when  these  were  criticising  individual  judicial  decisions  or  the 
judiciary  as  a  whole.  Stakeholders  have  voiced  concern  that  such  statements  made  by 

32   Contribution from the Civic Platform for the Judicial Independence for the 2024 Rule of Law Report, p. 20; 
Contribution from the Foundation “Hay Derecho” for the 2024 Rule of Law Report, p. 1; Contribution from 
the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law Report, p. 17.  
33   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. 

34   Information received in the context of the country visit to Spain from the Technical Cabinet of the Prosecutor 

General’s Office and the Progressive Union of Prosecutors. 

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

29-30. 

36  Law 50/1981, of 30 December, which regulates the Organic Statute of the Public Prosecutor's Office. That 
proposed legislative reform was registered in the Congress on 26 June 2024 and  is expected to be approved 
by Parliament by the end of July 2024. 

37   2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 7. 
38   Input from Spain for the 2024 Rule of Law Report, p. 6. 
39   Ibidem. 
40   On  19  January  2024  and  10  June  2024,  the  Standing  Committee  of  the  Council  for  the  Judiciary  adopted 
institutional declarations condemning specific statements of this kind. On 5 February 2024, the  Plenary of 
the Council for the Judiciary also adopted an institutional declaration condemning this kind of statements. 
41   Information provided by the Professional Association of the Magistracy, Judges and Magistrates’ Association 
“Francisco de Vitoria”, Judges for Democracy and Independent Judicial Forum in the context of the country 
visit to Spain.  

7 

 
 
politicians  increasingly  undermine  public  trust  in  the  judiciary42.  Also,  the  importance  of 
striking  a  proper  balance  between  freedom  of  expression  and  the  need  to  ensure  the 
protection  of  judicial  independence  has  been  underlined  by  the  Technical  Cabinet  of  the 
Supreme  Court43.  As  reflected  in  the  2023  and  2022  Rule  of  Law  Reports44,  according  to 
European standards, while courts are not immune to criticism and scrutiny, public confidence 
in the judiciary is central to its effectiveness, in view of its special role in society45. Damage 
to  this  confidence  is  particularly  relevant  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 judiciary46. 

New  measures  are  envisaged  as  regards  the  incompatibilities  regime  for  judges  and 
prosecutors. The agreement of 25 June 2024 on the renewal of the Council for the Judiciary 
foresees the reform of the Organic Law on the Judiciary requesting that judges that have been 
in  political  office  cannot  perform  judicial  functions  for  two  years  after  their  re-entry  into 
service. Moreover, and as mentioned above, the agreement on the renewal of the Council for 
the  Judiciary  also  establishes  the  reform  of  the  Organic  Statute  of  the  Public  Prosecutor’s 
Office47  to  exclude  citizens  having  been  in  political  office  in  recent  years,  including 
ministers,  vice-ministers,  members  of  regional  governments,  mayors,  and  members  of  the 
Congress,  the  Senate,  the  European  Parliament  or  regional  parliaments  from  the  office  of 
Prosecutor General. Before the Agreement, stakeholders had been voicing their criticism on 
the incompatibilities regime for judges and prosecutors in Spain48. As noted in the 2023 Rule 
of Law Report49, during the negotiations on the renewal of the Council for the Judiciary held 
in October 2022 between the two main political parties in Parliament, the need to regulate the 
incompatibilities regime for judges and prosecutors was considered, but no further steps had 
been taken after the breakdown of the negotiations50.  

The  competence  of  the  Supreme  Court  for  criminal  liability  of  high-level  positions 
remains  a  cause  of  concern.  As  raised  in  previous  Rule  of  Law  Reports,  and  despite  the 
commitment to address it, concerns persist51 relating to the so-called ‘aforamientos’ (where 

42   Contribution  from  the  Foundation  “Hay  Derecho”  for  the  2024  Rule  of  Law  Report,  pp.  9-10;  Written 
contribution from the Technical Cabinet of the Supreme Court in the context of the country visit to Spain; 
Written contribution from the Spanish Council for the Judiciary in the context of the country visit to Spain.  
43   Information provided by the Technical Cabinet of the Supreme Court in the context of the country visit to 

Spain. 

44   2023 and 2022 Rule of Law Reports, Country Chapter on the  rule of law  situation in Spain, p. 8 and p. 6 

respectively. 

45   Venice Commission (CDL-AD(2013)038), Opinion on the legislation on defamation of Italy, para. 21-22. 
46   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’. 

47   Law 50/1981, of 30 December, which regulates the Organic Statute of the Public Prosecutor's Office. 
48   Contribution  from  the  Foundation  “Hay  Derecho”  for  the  2024  Rule  of  Law  Report,  p.  22;  Contribution 
from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law Report, p. 22.  
In  particular,  they  underscored  the  lack  of  ‘cooling-off  periods’  for  judges  or  prosecutors  having  been 
members of the executive or legislative powers, and also the fact that judges continue to acquire seniority in 
service while they are in political office. 

49   2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 9. 
50   Contribution from the Foundation “Hay Derecho” for the 2024 Rule of Law Report, p. 20. 
51   GRECO  Fourth  Evaluation  Round  –  Evaluation  Report,  para.  65;  GRECO  Fifth  Evaluation  Round  – 
Evaluation Report, para. 118-123. See also 2023 and 2021 Rule of Law Reports, Country Chapter on the rule 
of law situation in Spain, p. 9 and p. 4 respectively. 

8 

 
 
members  of  the  executive,  legislative  and  judicial  branches  are  not  tried  before  ordinary 
criminal courts, not only in the case of crimes committed in the course of their official duties 
but  also  as  individuals52).  Criticism  of  these  rules  continues  to  be  raised  by  stakeholders53. 
Whereas  these  concerns  are  being  addressed  at  regional  level,  with  amendments  to  several 
statutes of autonomy laying  down  this  type  of rules54, no steps have been taken  at  national 
level.  

Quality  

Further improvements on the legal aid framework were implemented. As stressed in the 
2023 Rule of Law Report55, Spain has an accessible justice system that protects people at risk 
of  discrimination  and  victims  of  gender-based  violence.  Measures  for  child-friendly  justice 
have been implemented. According to data in the 2024 EU Justice Scoreboard, Spain remains 
one  of  the  countries  with  the  widest  coverage  of  legal  aid  in  the  EU56.  Further  financial 
support  has  been  given  to  the  legal  aid  framework,  specifically  through  direct  subsidies 
granted  to  the  General  Council  of  Spanish  Lawyers  and  to  the  General  Council  of 
“Procuradores”57 for the provision of legal aid service during 202358. 

New  posts  for  judges  have  been  established  and  measures  are  being  taken  to  address 
challenges regarding the resources of the justice system. As referred to in the 2023 Rule of 
Law Report59, the number of judges per inhabitant continues  to  be one of the lowest  in  the 
EU60. On 27 December 2023, the Government  approved the establishment of 70 new posts 
for judges61. Vacancies continue to be covered by substitute-judges62 and stakeholders have 

52   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, deputies and senators, members of the Council for the Judiciary, the 
President  of  the  Supreme  Court  and  the  Council  for  the  Judiciary,  President  of  the  Constitutional  Court, 
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  European  Public  Prosecutor,  the  President  and  Counsellors  of  the  Court  of 
Auditors, the President and Counsellors of the Council of State and the Ombudsperson. 

53   Contribution from the Civic Platform for the Judicial Independence for the 2024 Rule of Law Report, p. 16; 
Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law 
Report, p. 14; Contribution from the Foundation “Hay Derecho” for the 2024 Rule of Law Report, pp. 23-
25. 

54   Statutes  of  Canary  Islands, Autonomy  of  Murcia,  Cantabria,  Baleares, Aragón.  Organic  Law  1/2018,  of  5 
November, amending the Statute of Autonomy of Canary Islands; 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. 

55   2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 9. 
56   Figure 24, 2024 EU Justice Scoreboard. The figure refers to a specific scenario related to a consumer case. 
57   Spanish “procuradores” are legal representatives of parties before the courts. 
58   Input from Spain for the 2024 Rule of Law Report, p. 9. 
59   2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10. 
60   Figure 37, 2024 EU Justice Scoreboard.  This category consists of judges working full-time, in accordance 
with the CEPEJ methodology. It does not include the court clerks (Rechtspfleger/letrados) that exist in some 
Member  States  such  as  Spain.  The  Spanish  authorities  note  that  Spain  counts  with  4470  Letrados  de  la 
Administración de Justicia (Rechtspfleger) that perform lots of almost-judicial tasks, and that there are also 
45 332 civil servants supporting judges. 

61   Input from Spain for the 2024 Rule of Law Report, pp. 10-11. 

9 

 
 
again  highlighted  that  in  the  coming  years  a  significant  number  of  judges  is  expected  to 
retire63. Selection procedures have been launched in October 2023 to recruit 120 and 80 new 
judges and prosecutors respectively64. Within this context, low remuneration has been raised 
by  associations  of  judges  as  a  disincentive  for  promoting  the  judicial  career65.  On  1  June 
2023,  the  Council  for  the  Judiciary  presented  a  Strategic  Plan  on  human  resources  for  the 
judiciary  for  the  period  2023-2032.  According  to  the  Plan,  around  315  new  posts  per  year 
would  be  needed  over  the  next  ten  years  to  ensure  the  proper  functioning  of  the  justice 
system. Associations of judges66 continue flagging that while women represent the majority 
of the judiciary67, they are underrepresented in the top judicial positions68.  

Work  on  the  improvement  of  the  digitalisation  of  justice,  including  e-litigation,  has 
continued. As stressed in the 2023 Rule of Law Report69, the digitalisation of justice in Spain 
is at an advanced stage, and the use of ICT tools in the justice system is well-established70. In 
September 2023, the Prosecution Service launched its new electronic website to facilitate the 
handling  of  procedures,  leading  to  a  significant  increase  of  citizens’  requests  of  certificates 
through  it.  Further  initiatives  to  improve  the  digitalisation  of  proceedings  are  being 
implemented71. The interoperability between different procedural management systems used 
by Autonomous Communities has also advanced in 202372. Furthermore, Royal Decree-law 
6/202373  sets  a  legal  framework  for  the  digitalisation  of  justice,  including  an  interoperable 
catalogue of digital services to be provided to citizens and legal professionals74. In particular, 

62   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law 

Report, p. 19. 

63   Information  provided  by  the  Professional  Association  of  the  Magistracy  and  the  Association  of  Women 
Judges of Spain in the context of the country visit to Spain;  Contribution from the Judges and Magistrates’ 
Association ‘Francisco de Vitoria’ for the 2024 Rule of Law Report, p. 19. 

64   Input from Spain for the 2024 Rule of Law Report, p. 10. 
65   Information  provided  by  the Association  of  Women  Judges  of  Spain,  the  Professional Association  of  the 
Magistracy and Judges and Magistrates’ Association “Francisco de Vitoria” in the context of the country visit 
to  Spain.  However,  as  noted  by  Spanish  authorities,  there  has  been  an  increase  in  the  remunerations  of 
judges, prosecutors and Letrados de la Administración de Justicia agreed in 2023 (Input from Spain for the 
2024 Rule of Law Report, p 6). 

66   Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law 
Report,  p.  13;  Information  provided  by  the Association  of  Women  Judges  of  Spain  in  the  context  of  the 
country visit to Spain. 

67   52% of the total number of judges are women. Information from the website of the Association of Women 

Judges of Spain. 

68   Figure  38,  2024  EU  Justice  Scoreboard.  The  proportion  of  female  professional  Supreme  Court  judges  is 
19%. 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, but no further progress has been made so far. 

69   2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10. 
70   Figures 42-50, 2024 EU Justice Scoreboard.  See also Contribution from OECD for the 2024 Rule of Law 

Report, p. 7.  

71   Input from Spain for the 2024 Rule of Law Report, pp. 12-14. 
72   Input from Spain for the 2024 Rule of Law Report, pp. 15-16. 
73   Royal  Decree-law  6/2023,  of  19  December,  approving  urgent  measures  for  the  implementation  of  the 
recovery and resilience plan in the area of justice, civil service, local government and sponsorship; validated 
on 10 January 2024 and now being dealt with as a draft law via urgency procedure. 

74   Input from Spain for the 2024 Rule of Law Report, pp. 15-16. 

10 

 
 
it fosters the use of electronic case records, electronic processing of legal procedures and the 
use of digital solutions to conduct and follow court proceedings75. 

A  new  law  on  the  right  of  defence  is  under  preparation.  With  the  new  legislature,  the 
parliamentary  work  on  the  draft  law  on  the  right  of  defence  has  resumed76.  The  new  law, 
which  was  approved  by  the  Plenary  of  the  Congress  on  11  July  2024  to  continue  the 
legislative process in the Senate, is expected to compile in one legal act the different aspects 
of  the  right  of  defence,  which  are  currently  spread  over  a  number  of  pieces  of  specialised 
legislation. It will focus, among others, on the use of IT tools, the possibility of resorting to 
alternative dispute resolution mechanisms and the need to protect vulnerable individuals77.  

Efficiency 

The  positive  trend  of  the  indicators  of  efficiency  of  justice  slightly  declined  and  the 
length of proceedings in the Supreme Court remains a challenge. The disposition time in 
civil, commercial, and administrative cases in first instance has slightly increased from 265 
days in 2021 to 282 in 202278. The clearance rate for litigious civil and commercial cases79 
decreased and was slightly below 100%, meaning that less cases are resolved than come in. 
The  disposition  time  for  civil  and  commercial  cases  in  the  Supreme  Court  has  improved 
(from 826 days in 2021 to 691 days in 2022)80 but remains very high and has been raised as a 
concern by stakeholders81.  

New  measures  aimed  at  enhancing  the  efficiency  of  the  justice  system  have  been 
adopted.  Royal  Decree-law  6/2023  introduces  measures  aimed  to  improve  procedural 
efficiency  in  all  four  jurisdictions  while  preserving  procedural  guarantees  for  citizens, 
including  new  adjustments  for  older  persons  as  well  as  for  persons  with  disabilities82.  The 
purpose  of  the  new  legal  framework  is  also  to  shorten  the  length  of  proceedings  through 
various means,  including  groupings  of actions and the increase of the use of digital tools83. 
The entry into force of this royal decree-law improving the efficiency of judicial procedures 
is part of a specific milestone contained in the Recovery and Resilience Plan. Royal Decree-
Law 5/202384 also introduces amendments to increase the speed of judicial procedures in the 
administrative jurisdiction and amends the appeal processes in all four jurisdictions to avoid 
undue  delays.  Further  measures  to  improve  the  organisational  and  procedural  efficiency  of 

75   Ibidem. 
76   Information provided by the Spanish authorities in the context of the country visit to Spain. A proposal on an 

organic law on the right of defence was tabled in the Parliament on 25 January 2024. 

77   Ibidem. The  entry  into  force  of  the  law  on  the  right  of  defence,  as  well  as  Royal-Decree  law  6/2023,  are 
milestones covered within the Spanish Recovery and Resilience Plan (milestones 435 and 152, respectively). 
Revised Annex  to  the  Council  Implementing  Decision  amending  Implementing  Decision  (EU)  (ST  10150 
2021; ST 10150 2021 ADD 1 REV 1) of 13 July 2021 on the approval of the assessment of the recovery and 
resilience plan for Spain (22.4.2024), Component 11, pp. 114-141. 

78   Figure 5, 2024 EU Justice Scoreboard. 
79   Figure 11, 2024 EU Justice Scoreboard. 
80   Figure 7, 2024 EU Justice Scoreboard. 
81   Information provided by the Technical Cabinet of the Supreme Court in the context of the country visit to 
Spain; Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of 
Law Report, p. 20; Contribution from the Professional Association of the Magistracy for the 2024 Rule of 
Law Report, p. 11. 

82   Input from Spain for the 2024 Rule of Law Report, pp. 18-19. 
83   Ibidem. 
84   Royal Decree-Law 5/2023, of 28 June. 

11 

 
 
the  justice  system,  namely  a  draft  law  on  efficiency  of  the  justice  service  currently  under 
preparation, are expected to be adopted under another specific milestone85. This draft law was 
tabled  in  Parliament  on  14  March  2024,  and  it  is  expected  to  amend  the  judicial  map, 
establish  alternative  means  of  dispute  resolution  and  further  increase  the  speed  of  judicial 
procedures in the criminal, civil and administrative jurisdictions. 

II. 

ANTI-CORRUPTION FRAMEWORK  

In  Spain,  the  Magistrates  and  Courts,  the  Prosecutor’s  Office,  and  in  particular  the  Anti-
Corruption  Prosecutor’s  Office86  is  responsible  for  the  investigation,  detection  and 
prosecution of corruption with the assistance of law enforcement agencies. Attached Units – 
from  the  National  Police87  and  the  Civil  Guard88  –  and  Support  Units  of  the  State  Tax 
Administration Agency and the General Intervention Board of the State Administration, all of 
whom contribute with analytical work89. 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  Service90  oversees  anti-fraud  measures  and  conducts  investigations  at 
national  level  while  several  Autonomous  Regions  have  their  own  offices  to  fight  fraud  in 
their  territories91.  The  Office  of  Conflicts  of  Interest  oversees  asset  declarations  for 
Government  officials  and  political  appointees92,  and  a  variety  of  functions  related  to 
integrity93. A dedicated Office for Conflicts of Interest of the Spanish Parliament is in place94. 

85   Revised Annex  to  the  Council  Implementing  Decision  amending  Implementing  Decision  (EU)  (ST  10150 
2021; ST 10150 2021 ADD 1 REV 1) of 13 July 2021 on the approval of the assessment of the recovery and 
resilience plan for Spain (22.4.2024), Component 11, pp. 114-141. 

86   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. 2102-2103. 

87   Royal Decree 769/1987, of June 19, on regulation of the Judicial Police. 
88   Royal Decree 769/1987, of June 19, on regulation of the Judicial Police. 
89   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. 

90   Governed by the Additional Provision 25 of General Subsidies Law 38/2003, of 17 November. 
91   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; 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).  The  Office  for  Prevention  and 
Fight  against  Corruption  of  the  Balearic  Islands,  regulated  by  Law  16/2016  of  9  December  2016  on  the 
Balearic  Islands,  was  eliminated  by  the  Balearic  Islands’  Parliament  by  Law  2/2024  of  11  April  of  the 
Balearic Islands. 

92   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. 

93   The OCI oversees conflict of interest rules, monitors the declarations of activities and incompatibilities, the 

abstention regime, training and awareness-raising activities.  

94   See below, the Office for Conflicts of Interest of the Spanish Parliament is a separate body which is tasked 

with solving doubts of interpretation regarding the Code of Conduct. 

12 

 
 
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  some  municipalities  have  their  own  Council  to  perform  a  similar  role95.  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 Parliament96. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  low.  In  the  2023  Corruption  Perceptions  Index  by 
Transparency  International,  Spain  scores  60/100  and  ranks  14th  in  the  European  Union  and 
36th globally97. This perception has been relatively stable over the past five years98. The 2024 
Special  Eurobarometer  on  Corruption  shows  that  90%  of  respondents  consider  corruption 
widespread  in  their  country  (EU  average  68%)  and  45%  of  respondents  feel  personally 
affected by corruption in their daily lives (EU average 27%)99. As regards businesses, 91% of 
companies consider that corruption is widespread (EU average 65%) and 51% consider that 
that corruption is a problem when doing business (EU average 36%)100. Furthermore, 27% of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices (EU average 32%)101, while 15% of companies believe that people and businesses 
caught for bribing a senior official are appropriately punished (EU average 31%)102. 

The Government is mandated by law to adopt a comprehensive strategy to prevent and 
fight  corruption,  however  work  has  not  yet  been  initiated  on  it.  Spain  does  not  have  a 
dedicated  anticorruption  strategy  in  place,  as  noted  by  GRECO103  and  in  previous  Rule  of 
Law  Reports104,  nor  a  specialised  anticorruption  agency105.  In  2023,  the  Government  was 

95   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. 

96   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. 
97   Transparency  International,  Corruption  Perceptions  Index  2023  (2024),  pp.  2-3.  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). 

98   In 2019 the score was 62, while in 2023, the score is 60. The score significantly increased/decreased when it 
changes  more  than  five  points;  improved/deteriorated  (changes  between  4-5  points);  has  been  relatively 
stable (changes from 1-3 points) in the last five years. 

99   Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

100  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 524 (2023). 

101  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). 
102  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  
103  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. 

104  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14; 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Spain, pp. 10-11. 

105  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14.  2022 Rule of Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Spain,  p.  11.  2021  Rule  of  Law  Report,  Country 
Chapter on the rule of law situation in Spain, p. 9. 2020 Rule of Law Report, Country Chapter on the rule of 
law situation in Spain, p. 7. As reported last year (2023 Rule of Law Report, Country Chapter on the rule of 
law situation in Spain, p. 14),  anti-corruption priorities are spread in multiple plans and strategies, such as 

13 

 
 
 
 
mandated by law to adopt an anti-corruption strategy by September 2024. However, despite 
having stated its intention to adopt a dedicated strategy, the Government did not yet initiate 
any work on it106. Civil society organisations confirmed that no consultation has taken place 
to  date107.  The  National  Anti-Fraud  Coordination  Service  has  been  working  on  a  draft 
proposal  of  a  National  Antifraud  Strategy  since  2022108,  which  will  include  a  2024-2026 
Action  Plan.  One  objective  under  the  Plan  would  be  dedicated  to  implementing  public 
integrity and anti-corruption policies109. The Strategy is  currently in  its final  drafting stage, 
however there is no timeline for its finalisation110. 

New  rules  regarding  corruption  offences  are  being  enforced.  As  previously  reported, 
Organic  Law  14/2022  of  22  December  2022  reformed  the  regulation  of  the  offence  of 
misappropriation and introduced the crime of illicit enrichment111. This reform continues to 
meet  criticism  from  stakeholders,  who  are  particularly  concerned  about  the  reduction  of 
associated penalties and the overall catalogue of offences deemed relevant in the context of 

the National Security Strategy 2021, which identifies corruption as a tangible threat to national security, and 
the Strategy against Organised Crime 2019-2023, which expressly includes corruption-related crimes. 

106  Information received from the Ministries in the context of the country visit to Spain. See also 2023 Rule of 
Law Report, Country Chapter on the rule of law situation in Spain, p. 1; Contribution from the Foundation 
‘Hay Derecho’ for the 2024 Rule of Law Report, p. 25. Law 2/2023 establishes that the Government “within 
a  maximum  period  of  18  months  from  the  entry  into  force  of  this  law  shall  approve  a  strategy  against 
corruption that shall at least include an assessment of the fulfilment of the objectives established in  this law 
as well as the measures deemed necessary to alleviate the deficiencies that have been found in that period of 
time”. The Strategy, which must be approved by 13 September 2024, would have a wider scope, not limited 
only to whistleblowers protection. Written contribution from the Government following the country visit to 
Spain in 2024. 

107  Contribution  from  the  Foundation  ‘Hay  Derecho’  for  the  2024  Rule  of  Law  Report,  p.  25.  Information 

received from Transparency International in the context of the country visit to Spain. 

108  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14; 2022 Rule of Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Spain,  p.  11.  Both  the  National  Police  and  Civil 
Guard  are  contributing.  The Advisory  Council  for  Prevention  and  Combating  Fraud  to  the  EU’s  financial 
interests  set  up  a  committee,  involving  professionals  representing  bodies  with  competence  in  the  fight 
against  fraud,  and  covering  the  four  phases  of  the  so-called  anti-fraud  cycle:  fraud  prevention,  detection, 
investigation, and recovery/sanctioning. The initiative is carried out under the guidance of the OECD. Input 
from Spain for the 2024 Rule of Law Report, p. 22. 

109  Input  from  Spain  for  the  2024  Rule  of  Law  Report,  p.  22.  The  actions  would  aim  to  target  public  sector 
employees, by establishing institutional integrity systems and raising awareness among staff; analysing and 
clarifying  existing  anti-corruption  guidelines  and  procedures;  improving  mechanisms  for  preventing  and 
detecting  fraud,  corruption  and  any  administrative  or  criminal  offences;  enhancing  systems  to  prevent and 
respond  to  conflicts  of  interest;  promoting  an  ethic  culture  for  society  and  involving  it  in  the  integrity 
system; and providing tailored trainings for each unit or entity. 

110  Information  received  from  the  Ministries  in  the  context  of  the  country visit  to  Spain.  Written  contribution 
from the Ministries in the context of the country visit to Spain. Input from Spain for the 2024 Rule of Law 
Report,  p.  22.  The  Strategy  aims  to  establish  a  National Anti-Fraud  System  by  proposing  legislative  and 
administrative  reforms,  clarifying  roles  and  responsibilities  of  actors,  and  improving  coordination  and 
transparency  both  at  national  and  regional  level. As  indicated  by  the  Ministries,  the  Strategy  will  cover  a 
period of three years. 

111 2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 13. 

14 

 
 
corruption  crimes112.  A  report  on  the  implementation  of  the  OECD  recommendations  as 
regards the enforcement of foreign bribery legislation is under preparation113.  

There has been some progress to address the length of investigations and prosecution of 
high-level corruption, while the reform of the Criminal Procedure Code is still pending. 
The  2023  Rule  of  Law  Report  recommended  to  Spain  to  “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”114. The number of procedures opened on corruption charges amounted 
to  32  in  2023  (38  in  2022).  Of  all  adjudicated  cases  of  corruption  crimes  in  the  course  of 
2023, a total of 38 cases were convictions or partial convictions, while 18 were acquittals (in 
2022,  45  cases  were  convictions  or  partial  convictions,  15  acquittals)115.  The  Government 
acknowledges that corruption cases take more time due to their highly complex nature, while 
working  on  strengthening  human  resources  in  the  judicial  system116.  However,  the  current 
low number of judges and prosecutors, as well as an overall absence of specialised judges and 
tribunals  working  on  anticorruption  matters,  hampers  the  investigation  and  prosecution  of 
corruption  cases117.  Prosecutors’  associations  stress  the  need  to  further  increase  staff 
dedicated  to  handle  and  prosecute  increasingly  complex  corruption  cases118.  Civil  society 
organisations noted that the reform of the Code of Criminal Procedure could help to improve 
the  situation,  although  it  would  need  to  be  balanced  with  ensuring  adequate  statute  of 
limitations to investigate complex cases119. Without the compulsory opinion from the Council 

112  Contribution from the Foundation ‘Hay Derecho’ for the 2024 Rule of Law Report, p. 22; Contribution from 
Asociación  Impulso  Ciudadano  for  the 2024  Rule of Law  Report,  p. 16.  Contribution from  Asociación  de 
Fiscales for the 2024 Rule of Law Report, p. 19. See also, Foundation ‘Hay Derecho’ (2023), The reform of 
the crime of embezzlement of public funds and the new crime of illicit enrichment. 

113 The  report  is  expected  for  March  2025.  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  liability.  The  OECD  Report  noted  a  lack  of  clarity  as  regards  adequate  funding  of  enforcement 
bodies, recommending taking necessary steps to more proactively detect and enforce anti-bribery legislation. 
See also 2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14. 

114  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2. In the 2023 Rule of 

Law Report, the Commission concluded that no progress was made on the recommendation. 

115  Information obtained from the database of the Council for the Judiciary. See also 2023 Rule of Law Report, 

Country Chapter on the rule of law situation in Spain, p. 15. 

116  Input  from  Spain  for  the  2024  Rule  of  Law  Report,  p.  20.  See  also  2023,  2022  and  2021  Rule  of  Law 
Reports,  Country  Chapter  on  the  rule  of  law  situation  in  Spain,  p.  15,  p.  12  and  p.  10  respectively.  Since 
2020, 393 posts were made available for prosecutor lawyers, with 348 new positions into the tax career. In 
addition,  219  third  category  posts  of  prosecutor  lawyers  were  converted  into  second  category  prosecutors’ 
posts in the public prosecutor’s office. In 2023, the Ministry of the Presidency, Justice and Relations made 
available 793 scholarships (for an annual amount of 6 600 euro, compared to a total of 245 in 2022).  

117  Information received from the Prosecutors Council in the context of the country visit to Spain. Contribution 
from the Foundation ‘Hay Derecho’ for the 2024 Rule of Law Report, p. 30. Contribution from Association 
of Judges and Magistrates Francisco de Victoria for the 2024 Rule of Law Report, p. 24.  

118  Information received from the Prosecutors Associations in the context of the country visit to Spain. As noted 
last year, staff of the Special Prosecutor’s Office against Corruption and Organised Crime is composed of 29 
prosecutors  (including  one  Chief  Prosecutor);  it  also  has  22  associated  prosecutors.  Written  contribution 
from  the Technical Cabinet of the Prosecutor General’s Office  in the context of the country visit to Spain. 
2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 15. 

119  Information received from the  Foundation ‘Hay Derecho’  and Transparency International in the context of 
the  country  visit  to  Spain.  Civil  society  express  concern  that  the  current  proposal  for  a reform  would risk 
provoking a level of impunity in highly complex cases, as requiring more time for investigations. See also 
press  release  of  the  Asociación  de  Fiscales  (February  2024),  stating  that  “any  regulation  that  implies  a 
greater limitation of such periods [for investigations] will only lead to greater spaces of impunity in the fight 

15 

 
 
 
for  the  Judiciary,  which  is  still  pending  since  2021,  the  reform  cannot  be  adopted120. 
Currently, there is no concrete timeline, though the Government considers the finalisation of 
the  reform  a  legislative  priority121.  Overall,  some  progress  has  been  made  on  the 
recommendation made in the 2023 Rule of Law Report. 

A parliamentary investigative committee on alleged corruption cases related to COVID-
19 medical supplies was set up. According to the prosecution, a series of instances related to 
procuring medical supplies during the COVID-19 pandemic were brought to its attention122. 
Since February 2024, media reported on an alleged corruption case involving the purchase of 
masks  during  the  COVID-19  pandemic123.  Following  the  investigation  ongoing  in  Court124, 
on  12  March  2024,  the  Senate  approved  the  establishment  of  an  inquiry  commission  to 
investigate potential irregularities in the purchase of medical and health equipment by public 
administrations across the country during the pandemic125. Additionally, on 2 April 2024, the 
Congress  established  a  commission  to  investigate  facts,  responsibilities  and  lessons  of  the 
process  to  procure  sanitary  material  by  public  administrations  during  the  COVID-19 
pandemic. 

to  prevent  and  combat  corruption 

Cooperation  among  authorities 
is  being 
strengthened. On 19 July 2023, the Prosecutor General’s Office and the directors of the anti-
fraud  agencies  and  offices  of  some  Autonomous  Communities  signed  a  collaboration 
agreement  to  strengthen  the  fight  against  corruption126.  Cooperation  between  the  European 
Public Prosecutor’s Office (EPPO), National Police and Civil Guard continues to be good127. 
In May 2023, the IGAE (the internal monitoring body of the public sector) set up a support 
unit to the EPPO. The unit reports directly to the EPPO and is composed of public officials 

against serious and complex crimes, such as those of an economic nature committed through organisations of 
all kinds, against public health, corruption or terrorism, among many others”. 

120  2023, 2022, 2021 and 2020 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp. 
15-16,  p.  7,  p.  6  and  p.  4  respectively.  The  Studies  and  Reports  Service  of  the  Technical  Office  of  the 
General Council for the Judiciary drafted a technical report on the preliminary draft law. In May 2023, the 
report  was  sent  to  the  presidency  of  the  Council.  Written  contribution  from  the  General  Council  for  the 
Judiciary in the context of the country visit to Spain.  

121  Information received from the Ministries of Justice and Home Affairs in the context of the country visit to 
Spain. Written contribution from Ministries of Justice and Home Affairs in the context of the country visit to 
Spain. 

122  Information received from the Prosecutors Council in the context of the country visit to Spain. 
123  Euractiv (29 February 2024), Brussels looks into potential misuse of EU funds in Spanish Koldo corruption 
case. El Pais (4 March 2024), La Fiscalía Europea investigará los contratos del ‘caso Koldo’ en Canarias y 
Baleares. 

124  EPPO (2024), Spain: EPPO opens investigation into supply of face masks in Canary and Balearic Islands. 
125  Spanish Senate (2024), The plenary approves the creation of a Commission of Inquiry into public contracts 

carried out during the pandemic.  

126  The  agreement  involves  the  office  of  Andalusia,  Catalonia,  Valencian  Community  and  Balearic  Islands. 
Written  contribution  from  the  Technical  Cabinet  of  the  Prosecutor  General’s  Office  in  the  context  of  the 
country visit to Spain. 

127  Information received from the National Police and Civil Guard in the context of the country visit to Spain. 
Both the National Police and the Civil Guard can count on a senior national expert seconded to the EPPO. 
According  to  the  EPPO’s  2023  Annual  Report  (2024),  three  EPPO  cases  concerned  corruption,  which 
accounts for 3% of the total number of EPPO cases in Spain. 

16 

 
 
and  experts128.  Cooperation  is  smooth  between  the  Court  of  Auditors  and  other  bodies 
involved in the prevention of and fight against corruption129.  

A new document management system has improved the overall efficiency of the Council 
of  Transparency  and  Good  Governance,  though  the  complexity  of  cases  is  increasing. 
Although  the  new  management  system  has  overall  improved  the  handling  of  cases,  the 
Council  would  require  additional  resouces  to  address  the  increased  level  of  complexity  of 
cases130.  The  Council  has  the  power  to  issue  binding  resolutions,  but  it  does  not  have  the 
competence nor specific tools to ensure their implementation131.  Currently there are no plans 
to  consider  any  sanctioning  powers,  though  the  Council  considers  this  a  necessary  step  to 
effectively  perform  its  tasks.  The  Council  is  implementing  its  2022-2025  Strategic  Plan, 
which  includes  a  2024  Action  Plan  focused  on  reinforcing  its  institutional  framework, 
approving  its  new Statute, and modernising its  procedures, including  on digitalisation132.  In 
fact, the new Statute was approved by agreement of the Council of Ministers on 2 July 2024, 
and it aims to better reflect its developed tasks, as well as its renovated structure133. 

The  implementation  of  the  Fourth  Open  Government  Plan  is  advancing,  although  no 
further  steps  have  been  taken  to  improve  rules  on  conflicts  of  interest  for  public 
employees  within  all  different  administrations  despite  ongoing  work  since  2021.  The 
Fourth Open Government Plan included a dedicated action to the modification of the Law on 
Incompatibilities of Personnel in the Service of Public Administrations, foreseen for adoption 
in the first semester of 2022134. The draft law aimed to extend the regime of incompatibilities 
and prevention of conflicts of interest to advisers, and define the system for the prevention of 
conflicts  of  interest  and  incompatibilities  of  public  employees  within  all  different 
administrations135.  According  to  the  Government,  these  matters  are  now  expected  to  be 
addressed  with  a  law  on  Open  Administration,  which  is  included  under  the  2024  Annual 

128  Input from Spain for the 2024 Rule of Law Report, p. 22.  
129  Information received from the Court of Auditors in the context of the country visit to Spain.  
130  Information received from the  Transparency Council in the context of the country visit to Spain. The new 
document  management  system  improves  transparency  and  access  to  information  and  reduces  formalities. 
However,  the  Council  has  detected  an  increasing  level  of  complexity  of  the requests,  being  submitted  not 
only  by  the  public,  but  also  by  lawyers,  journalists,  and  academics,  which  require  a  higher  level  of 
professionalism and specialisation in studying the cases. The Council can currently count on  30 employees. 
2023 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, pp. 16-17. 2022 Rule of 
Law Report, Country Chapter on the rule of law situation in Spain, p. 12. 

131  2023  Rule  of  Law  Reports,  Country  Chapter  on  the  rule  of  law  situation  in  Spain,  pp.  16-17.  See  also 
GRECO  Fifth  Evaluation  Round  -  Compliance  Report:  GRECO  recommended  to  ensure  “proper 
independence,  authority  and  resources”  to  effectively  perform  the  monitoring  functions  of  the  Council 
(recommendation v, p. 8). 

132  Information received from the Transparency Council in the context of the country visit to Spain. The Council 

expects to start drafting the new Strategic Plan in 2025, to start implementing it as of January 2026.  

133  Information received from the Transparency Council in the context of the country visit to Spain.  
134  The  Fourth  Open  Government  Plan  2020-2024  was  approved  on  29  October  2020,  and  it  includes  ten 
commitments to strengthen transparency and accountability, improve participation, establish public integrity 
systems,  and  train  and  raise  awareness  among  citizens  and  public  employees  in  the  field  of  Open 
Government, with the aim of contributing to a fairer, more peaceful, and inclusive society. Under the Plan, 
the  Directorate-General  for  Public  Governance  carried  out  a  diagnosis  of  the  existing  public  integrity 
systems within the General State Administration.  

135  The draft Law intended to amend Law 53/1984, of 26 December 1984. High-level officials and members of 
Government are covered under Law 3/2015 of 30 March 2015. See also 2023 Rule of Law Reports, Country 
Chapter on the rule of law situation in Spain, p. 17. 

17 

 
 
Regulatory  Plan136.  As  of  March  2024,  the  Fourth  Open  Government  Plan  covers  111 
initiatives,  of  which  60  are  finalised,  49  partially  implemented,  and  two  not  started137.  The 
implementation of the Fourth Plan will be concluded by October 2024138. The Government is 
now working on the Fifth Open Government Plan – which underwent citizens’ consultation 
in March 2024139. The expectation is that the Fifth Plan will focus on strengthening integrity 
mechanisms  of  public  institutions,  including  by  developing  an  anti-corruption  strategy  or 
roadmap for the public sector140. 

The Integrity System of the General Administration is fully operational, while specific 
measures to address incompatibilities in the National Police and Civil Guard are still to 
be  finalised.  The  Integrity  System  of  the  General  Administration  contains  two  chapters 
dedicated to codes of  conduct: the Code on Good Administration for  civil  servants  and the 
Code on Good Government for senior officials141. In January 2023, the specialised Conflict 
of  Interest  Advice  Unit  (UACI)  was  set  up  to  contribute  to  detect  potential  conflict  of 
interests  in  the  procedures  implementing  the  Recovery  and  Resilience  Plan  (RRP)142.  The 
Civil  Guard  can  count  on  a  new  Code  of  Conduct  for  Civil  Guard  Staff143.  Additionally,  it 
plans to develop an Action Plan on Professional Ethics that would contain a Protocol of Good 
Practice  to  improve  internal  monitoring  against  corruption.  As  reported  last  year,  the  draft 
Royal  Decree  updating  the  system  of  incompatibilities  in  the  National  Police  is  still 

136  See  5.3,  under  section V  of  the  Fourth  Open  Government  Plan. The  action  has  not  progressed  further  the 
“Prior consultation phase and drafting of the draft law and impact analysis report” since 30 March 2021. An 
open  public  consultation  process  was  carried  out  between April  28  and  May  28,  2021,  and  a  draft  of  the 
"Draft Law on the Prevention of Conflicts of Interest of Personnel at the Service of the Public Sector" was 
prepared. See also 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p. 17; 
2022 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p. 13; 2023 Rule of Law 
Reports, Country Chapter on the rule of law situation in Spain, p. 17; 2021 Rule of Law Reports, Country 
Chapter on the rule of law situation in Spain, p. 11. 

137  Transparency Portal, Follow-up to the IV Open Government Plan. More in details: among the 537 activities, 
345 are finalised,  132 partially implemented, 44 not started, and 16 have been cancelled. It must be noted 
that  the  political  situation  (regional  and  local  elections  in  May  2023,  and  national  elections  in  September 
2023) have led to delays and difficulties in implementing initiatives, notably the Transparency Law.  

138  Spanish  Government  (2024), Transparency  Portal,  Prior  Citizen  Consultation  for  the  preparation  of  the  V 

Open Government Plan 2025-2029. 

139  The citizens’ consultation was open for inputs from 1 to 31 March 2024. 
140  The announced Democracy Action Plan commits to adopt a National Open Government Strategy and a new 

Law on Open Administration. 

141  Both Codes are complemented by a section on conflicts of interest, including a specific provision on gifts. 
The Annex to the Integrity System includes a questionnaire which aims to support the detection of potential 
conflict of interests. The Integrity System was approved on 7 March 2023 by the Coordinating Commission 
of the General Inspectorates of Services of the ministerial departments and has no regulatory nature. It aims 
to  provide  guidance  to  the  bodies  of  the  General  State Administration  and  promote  a  culture  of  integrity. 
2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, pp. 18 and 26-27. 

142  Input  from  Spain  for  the  2024  Rule  of  Law  Report,  p. 29. The  Unit  is part of  the  Integrity  System  and  is 
tasked with issuing reports, sharing good practices, and drafting guidelines to avoid and prevent conflict of 
interests. According  to  Law  31/2022  on  the  General  State  Budget  for  2023,  before  granting  or  awarding 
contracts,  it  is  mandatory  to  carry  out  an  analysis  of  risk  of  conflict  of  interests  regarding  procedures 
implementing  the  Recovery  and  Resilience  Plan.  The  aim  is  to  identify  any  direct  or  indirect  family  or 
company link, involving personal or economic interests likely to lead to a conflict of interest between public 
employees and participants. Reports containing the opinion on the existence of a risk of conflict of interest 
can  only be  issued  when  requested  by  an  anti-fraud  committee,  under  the procedure detailed  in  the  Order 
HFP/55/2023, of 25 January of the Ministry of Finance and Civil Service. 

143  Royal Decree 176/2022 of 4 March 2022 on the Code of Conduct of the Civil Guard. 

18 

 
 
 
pending144. Likewise, the draft Royal Decree on the incompatibilities of Guardia Civil staff, 
which aims to provide specific legislation on incompatibilities, and was planned for adoption 
in 2023, is still pending145. Both drafts aim to address pending GRECO recommendations146. 

There  has  been  no  progress  on  strengthening  the  rules  governing  conflicts  of  interest 
and  asset  declarations  of  persons  with  top  executive  functions.  The  2023  Rule  of  Law 
report  recommended  to  Spain  to  ‘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’147.  The  Office  for  Conflicts  of  Interest  (OCI)  is 
responsible for supervising conflicts of interest rules and the system for asset declaration of 
senior officials of the General State Administration148. Both the 2022 and 2023 Rule of Law 
Report  noted  the  need  to  reinforce  the  independence  and  autonomy  of  the  OCI  by 
strengthening  its  sanctioning  powers149.  However,  the  legal  framework  remains  unchanged, 
as  the  Ministry  of  Justice  considers  it  adequate  for  the  Office  to  perform  its  duties150.  The 
duties  of  the  OCI  include  requesting,  analysing,  monitoring  and  archiving  declarations 
provided  by  senior  officials  after  their  appointment  and  after  their  termination  of  service. 
Publication of asset declarations by top executive officials is done annually through an online 
dedicated portal and published in the Official Journal151. Every six months, the OCI informs 
the  Government  on  the  status  of  reports  on  the  asset  positions  of  senior  officials152.  No 
proceeding was initiated in 2023, while in 2022 the OCI initiated 14 penalty proceedings153. 

144  The system would aim to prevent  risks of conflicts of interest. In 2013, the Police issued its own Code of 

Conduct. 

145  2023 Rule of Law Report, Country Chapter on  the rule of law situation in Spain, p. 19; 2022 Rule of Law 
Report, Country Chapter on the rule of law situation in Spain, p. 13. A Code of Conduct of the Civil Guard 
was adopted in March 2022 (Royal Decree 176/2022 of 4 March 2022). The review 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. 

146  GRECO Fifth Evaluation Round - Compliance Report, recommendation xvii, p. 16.  
147  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2.  
148  The Office is attached to the State Secretariat for the Civil Service. 
149  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 17; 2022 Rule of Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Spain,  p.  13.  The  challenge  was  also  raised  by 
GRECO in its Fifth Evaluation Round - Compliance Report, para. 60. 

150  Input from Spain for the 2024 Rule of Law Report, p. 21. OCI’s sanctioning powers are detailed under Law 
3/2015, of 30 March (art. 27.2) and Law19/2013, of 9 December (art. 31.1), which attributes the power to 
investigate relevant criminal proceedings. 

151  2022 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 13. 
152  Input from Spain for the 2024 Rule of Law Report, p. 21. More specifically, OCI is tasked with requesting, 
analysing, controlling and archiving several certificates, i.a. CVs, declarations of suitability and certificates 
of  absence  of  criminal  record;  declarations  of  activities  and  property  rights  (in  2023:  123  declarations  of 
activities  and  123  declarations  of  assets  and  property  rights);  annual  personal  income  tax  returns  (584 
declarations  in  2023);  requesting  information  to  the  Social  Security  General  Treasury  and  to  the  Trade 
Register (respectively 1.105 and 242 requests in 2023); analysing, controlling and archiving communications 
concerning potential conflict of interest (68 abstention requests in 2023). The 6-months report only provides 
aggregate information on the number of investigations in progress and the number of sanctions,  additional 
details are only disclosed to Parliament. Sanctions  for serious or very serious misconduct are published in 
the Official State Gazette. 

153  Office for Conflicts of Interest (2024). Report on the degree of compliance with Law 3/2015, of 30 March, 
regulating  the  exercise  of  senior  positions  in  the  General  State  Administration;  Office  for  Conflicts  of 
Interest (2023). Report on the degree of compliance with Law 3/2015, of 30 March, regulating the exercise 
of senior positions in the General State Administration. 

19 

 
 
As reported last year, following the request of the Court of Auditors154, the OCI developed a 
manual of procedures to better approach potential breaches155. Therefore, given that changes 
to  the  legal  framework  to  strengthen  the  sanctioning  power  of  the  OCI  remain  outstanding 
there is no progress on the recommendation made in the 2023 Report. 

According to the Parliament Office for Conflict of Interest (Parliament OCI), disclosure 
requirements for parliamentarians are  mostly met.  In its 2021 and 2022 annual  reports, 
the  Parliament  OCI  issued  five  recommendations  concerning  the  obligation  to  submit  a 
declaration  of  financial  interests,  with  a  sixth  one  referring  to  the  obligation  for 
parliamentarians to publish their agenda, including “meetings held with the representatives of 
any entity having the status of lobbyists”156. In its 2023 annual report, the recommendations 
on the declaration of financial interests were mostly met and the Parliament OCI considered 
them satisfactory157. However, the Parliament OCI recalled the need for parliamentarians to 
comply with their obligation to publish any meeting with representatives of interest groups in 
their agendas158.  

There  has  been  no  further  progress  on  a  draft  law  on  lobbying,  as  the  submission  to 
Parliament remains outstanding. The 2023 Rule of Law Report recommended to Spain to 
“proceed to adopt legislation on lobbying, including the establishment of a mandatory public 
register  of  lobbyists”159.  As  assessed  last  year,  the  draft  law  on  Transparency  and  Integrity 
aims  to  define  group  of  interest  and  influence  activity,  include  provisions  on  revolving 
doors160,  and  establish  a  legislative  footprint161.  It  also  provides  for  the  establishment  of  a 

154  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’. 2023 Rule of Law Report, 
Country Chapter on the rule of law situation in Spain, p. 17. 

155  Input from Spain for the 2024 Rule of Law Report, p. 21. 
156  Provisions  of  Article  4(3)  of  the  Code  of  Ethics.  The  Office  for  Conflicts  of  Interest  of  the  Spanish 
Parliament is a separate body which is tasked with approximately the same functions as the OCI (above) in 
relation to members of Parliaments. 

157  Parliament OCI (2024), 2023 Annual report (p. 14). The Parliament OCI however insist on the need to recall 
the importance of updating the declarations when, during the parliamentary term, the parliamentary member 
makes new contributions to foundations and other associations (BOCG of 13 February 2024).  

158  Provisions of Article 6.2 of the Code of Ethics. This was already recalled in the 2022 Annual Report of the 
Office for Conflicts of Interest of the Spanish Parliament. Still few parliamentarians do not include in their 
agenda  meetings  other  than  plenaries,  committees,  subcommittees,  rapporteurs.  When  comparing  the 
applicable disclosure requirements for parliamentarians and those for top executive officials, the former still 
have an obligation to provide a higher level of detail in their disclosure forms. The point was already noted 
by GRECO (Fifth Evaluation Round  - Compliance Report, p. 10, para. 51-54). 2023 Rule of Law  Report, 
Country Chapter on the rule of law situation in Spain, p. 18. See also the material scope of asset declarations 
as  highlighted  in  the  2024  EU  Justice  Scoreboard,  Figure  59  -  National  frameworks  regarding  asset 
declarations.  The  announced  Democracy Action  Plan  recommends  to  reinforce  sanctions  against  deputies 
and  senators  who  do  not  file  their  declaration  of  financial  interests  and  activities  or  submit  false  or 
incomplete information. 

159  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2.  In the 2023 Rule of 

Law Report, the Commission concluded that significant progress was made on the recommendation. 

160  Written contribution from the Office for Conflicts of Interest in the context of the country visit to Spain. The 
draft law aims to amend Law 3/2015 of 30 March regulating the exercise of senior position in the  General 
Administration, stating that during the two-year period following the date of termination of office, the person 
may not engage in influence activity for entities included in the Register, in relation to matters relating to the 
competences of the department, body or entity in which the person has provided services as senior official. 
161  The draft law aims to enhance transparency and publicity for meetings held by interest groups with public 
officials during the legislative process. The legislative  footprint report  would need to be mentioned in any 

20 

 
 
 
register of lobbyists, managed by the Office for Conflicts of Interest, to which lobbyists are 
required  to  register  if  they  wish  to  engage  in  influence  activities:  the  OCI  is  currently 
working on an IT tool to operationalise the register162. The register would be implemented at 
national  level,  implying  a  need  for  coordination  with  the  already  existing  regional-level 
registers.  The  draft  law  had  undergone  public  consultation  in  December  2022,  and  it  was 
pending  its  second  reading  at  the  Council  of  Ministers  level,  before  the  Parliament  was 
dissolved in May 2023163. Civil society organisations had welcomed the draft law published 
because it is in line with GRECO recommendations164. However, the text has not advanced in 
the legislative process.  It is now included in the 2024 Annual Regulatory Plan, however no 
specific  timeline  is  indicated  for  adoption165.    This  reform  is  included  in  the  Recovery  and 
Resilience  Plan  and  aims  to  advance  the  overall  anti-corruption  framework166.  Overall,  in 
view of the still pending submission of the draft law to  Parliament,  no  further progress  has 
been made on the recommendation made in the 2023 Rule of Law Report. 

National  legislation  transposing  the  Whistleblower  Directive167  is  in  place,  but  the 
external  competent  authority  has  not  been  appointed  yet.  On  20  February  2023,  Spain 
adopted  the  law  transposing  the  Whistleblower  Directive168.  The  law  creates  a  new 
Independent Authority designated as competent to receive external whistleblower reports and 
corruption complaints. To date, however, the Authority has not yet been appointed169. Civil 
society  organisations  and  other  stakeholders  have  raised  concerns  about  this170.In  addition, 

legislative impact assessment report and shall include the identity of the public staff who have had contacts 
with interest groups, the contributions or comments made, as well as the date and purpose of the contact. 

162  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 19. 
163  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 19. 
164 2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 19. Information received 
from  Transparency  International  in  the  context  of  the  country  visit  in  Spain;  Contribution  from  the 
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. 

165  Written contribution from the Office for Conflicts of Interest in the context of the country visit to Spain. The 

draft is currently at technical level.  

166  Revised Annex  to  the  Council  Implementing  Decision  amending  Implementing  Decision  (EU)  (ST  10150 
2021; ST 10150 2021 ADD 1 REV 1) of 13 July 2021 on the approval of the assessment of the recovery and 
resilience  plan  for  Spain  (22.4.2024).  Component  11,  pp.  114-141.  Milestone  432  requires  the  entry  into 
force of the Law on Transparency and Integrity in the Activities of Interest Groups. The law shall establish a 
public and mandatory register of interest groups to be monitored by an independent body with capacity and 
means (human, financial and technical resources) and supervisory and sanctioning powers. 
167  Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 
168  The  national  law  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  Whistleblower 
Directive. 

169  As of July 2024, according to the Government, the Royal Decree that approves the Statute of the authority is 
expected  to  be  adopted  within  a  few  weeks.  Opinion  of  the  Council  of  State,  20  June  2024,  n. 
1074/2024/747/2024. Written contribution from the Government in the context of the country visit to Spain. 
170  Information received from  the  Foundation ‘Hay Derecho’ and Transparency International in the context of 
the  country  visit  to  Spain.  See  also,  Economist&Jurist  (2023),  Lack  of  Independent  Authority  Reduces 
Corruption Whistleblower Protection in Spain. The director of the Valencian Anti-Fraud Agency expressed 
concerns on the uncertainty as regards the creation of the Independent Authority, and its status, in particular, 
as  regards  its  appointment  by  the  Council  of  Ministers.  See  also  contribution  from  the  Foundation  ‘Hay 
Derecho’ for the 2024 Rule of Law Report, p. 28. The Anti-Fraud Office of Catalonia highlighted the need to 
coordinate the national legal framework with the regional ones, as well as the need for additional resources 
to  sustain  the  newly  established  tasks  (Contribution  from  the Anti-Fraud  Office  of  Catalonia  for  the  2023 
Rule of Law Report, p. 14). 

21 

 
 
 
civil  society  organisations  and  prosecution  services  have  expressed  concern  about  recent 
regional legislative initiatives171 that would close regional agencies working in the prevention 
of and fight against corruption or limit their resources172.  

Public procurement, infrastructure and party financing are reported as sectors at high-
risk for corruption. The Flash Eurobarometer on Businesses’ attitudes towards corruption in 
the EU shows that 21% of companies in Spain (EU average 27%) think that corruption has 
prevented them from winning a public tender or a public procurement contract in practice in 
the  last  three  years173.  On  22  December  2023,  the  Independent  Office  for  Regulation  and 
Supervision  of  Procurement  approved  the  2023  Annual  Report  on  Supervision  of  Public 
Procurement in Spain174. With the aim of increasing transparency in public procurement and 
avoid corruption risks, since January 2024 information on the degree of participation of small 
and medium-sized companies in public procurement processes has been published every six 
months on the transparency portal175. Financing of political parties still represents one of the 
main  high-risk  sectors  for  corruption176,  alongside  public  procurement  and  major 
infrastructures177. Besides, the Spanish Security Forces are increasingly working on the fight 
against  corruption  in  sport  at  international  level,  through  investigations,  cooperation  with 
other Institutions and bodies, and providing specific trainings178. 

171  The Parliament of the Balearic Islands has approved Law 2/2024, of 11 April, which close its Office for the 
Prevention  and  Fight  against  Corruption.  The  office  had  been  designated  as  the  external  channel  for  the 
whistleblower reports in areas falling within its mandate, to provide protection and support to whistleblowers 
as well as to impose sanctions for violations of whistleblowing rules. 

172  The  Prosecution  highlights  the  submission  of  legislative  or  policy  actions  aimed  to  eliminate  or  limit  the 
resources  or  competences  of  the  regional  anti-fraud  agencies.  The  Network  of  European  Integrity  and 
Whistleblowing Authorities has expressed concerns on the closure of the Office for the Prevention and Fight 
against  Corruption  of  the  Balearic  Islands.  Moreover,  the  Foundation  ‘Hay  Derecho’  notes  that  the  2024 
budget of the Anti-Fraud Agency of the Valencian Community Agency has been reduced by 3.61%. Written 
contribution  from  Prosecution  Service  in  the  context  of  the  country  visit  to  Spain.  Contribution  from  the 
Foundation ‘Hay Derecho’ for the 2024 Rule of Law Report, pp. 24-25. 

173  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). This is 6 percentage 

points below the EU average. 

174  The  annual  report  includes  conclusions  covering  supervision  activities  carried  out  by  the  competent 
authorities, a list of the main non-compliances detected by the external and internal control bodies around 
public  procurement,  information  on  the  prevention,  detection,  and  proper  reporting  of  cases  of  fraud, 
corruption, conflict of interest, as well as the issues of collusion detected. 

175  Law 14/2022 amending Law 19/2013.  
176  There  has  been  no  activity  regarding  a  reform  of  legislation  governing  the  financing  of  political  parties, 
despite  the  call  of  the  Court  of  Auditors  in  2022.  On  24  April  2024,  the  Constitutional  Court  declared 
unconstitutional the minimum amounts of the sanctions provided for in the Organic Law on the Financing of 
Political Parties (note 43/2024, Organic Law 8/2007), for cases where political parties exceed by 1% to 3% 
the  limit  of  their  electoral  expenses.  According  to  the  Court,  the  minimum  limit  of  EUR  5 000  is 
disproportionate, as contrary to citizens’ fundamental right to participate in public affairs. At this stage, the 
Government  does  not  envisage  further  steps  in  this  regard,  as  it  noted  the  need  for  a  wider  discussion  in 
Parliament.  The  main  risk  sectors  remain  private  donations,  crowdfunding  and  microloans,  as  well  as 
financing of intermediaries (see Court of Auditors (2021), Opinion 1445). 

177  According  to  Transparency  International  Spain,  public  procurement  in  Spain  is  particularly  vulnerable  to 
corruption,  largely  due  to  the  high  volume  of  public  resources  involved,  to  the  complexity  of  the  public 
procurement  system,  and  to  the  specific  territorial  distribution  and  the  different  levels  of  control.  See  “TI 
Spain proposes 11 basic recommendations to prevent fraud and corruption in Spanish public procurement” 
(2023). See also contribution from the Foundation ‘Hay Derecho’ for the 2024 Rule of Law Report, pp. 28-
29. 

178  In March 2024, Europol supported the Spanish National Police in an investigation related to corruption in 
sport that led to the arrest of 53 members of a criminal organisation in Spain. Europol, Press Release (2024), 

22 

 
 
 
 
III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The  Constitution  enshrines  the  rights  to  freedom  of  expression  and  media  freedom179.  The 
General Law on Audiovisual Communication180 regulates the provision of audiovisual media 
services while the Law on State Owned Radio and Television, complemented by the Law on 
the Financing of the Spanish Radio and Television Corporation181, ensures the independence, 
neutrality  and objectivity of the national  public  service media. The  Ministry for the Digital 
Transformation  and  the  Public  Service  is  the  competent  audiovisual  authority  at  the  state 
level: it is responsible for secondary legislation and has several other competences, including 
authorisations  at  national  level  and  the  management  of  the  national  registry  of  audiovisual 
media service providers. An independent multi-regulatory body, the National Commission for 
Markets  and Competition (CNMC)182, assumes the role of  audiovisual  regulator:  it controls 
and  supervises  compliance  with  the  obligations  provided  for  in  the  law  at  national  level, 
while regional audiovisual authorities are responsible for audiovisual communication service 
providers  at  the  regional  level183.  Access  to  information  is  regulated  by  the  Law  on 
Transparency, Access to Public Information and Good Governance184 and by the Law185 on 
Official Secrets186. 

The  audiovisual  regulatory  authority  has  sufficient  resources  to  perform  its  tasks  and 
its  supervisory  function  was  further  strengthened.  The  2023  Rule  of  Law  Report 
concluded that Spain had fully implemented the 2022 recommendation on ensuring adequate 
resources for the national audiovisual media regulatory authority to strengthen its operations. 
This situation remains stable. The Media Pluralism Monitor 2023 registers low risk in terms 
of  the  independence  and  effectiveness  of  the  media  authority,  unchanged  compared  to  the 
previous  year187.  The  National  Commission  for  Markets  and  Competition’s  (CNMC) 
supervisory function was further strengthened through the adoption of a series of secondary 
legislation  in  2023188  and  2024189.  Additional  secondary  legislation  is  expected  on  media 

53 members of a criminal organisation arrested for sports corruption in Spain. The operation took place from 
29  January  to  1  February  and  was  also  supported  by  Interpol  and  the  Spanish  Tax  Agency  (Agencia 
Tributaria). 

179  Constitution of Spain, art. 20. 
180  General Law on Audiovisual communication 13/2022 of 7 July 2022. 
181  Law  on  state-owned  radio  and  television  17/2006  of  5  June  2006;  Law  8/2009,  of  28  August,  on  the 

financing of the Spanish Radio and Television Corporation. 

182 Set up by the  Law  on the creation of the National Commission for Markets and Competition 3/2013, of 4 

June 2013.  

183  General Law on Audiovisual communication 13/2022, art 153. 
184  Law on transparency, access to public information and good governance 19/2013 of 9 December 2013. The 
2024 Spanish Annual Regulatory Plan includes the  approval of a new  Law  for an Open Administration as 
part of an announced Democracy Action Plan. 
185  Law on official secrets 9/1968 of 5 April 1968. 
186  Spain ranks 30th in the 2024 Reporters without Borders World Press Freedom Index compared to 36th in the 

previous year.  

187  2024 Media Pluralism Monitor, country report for Spain, p. 12. 
188  Royal Decree regulating the State Register of Audiovisual Media  Service Providers, Video Sharing Service 
Providers  through  Platform  and  Audiovisual  Media  Service  Aggregation  Service  Providers  and  the 
procedure for prior notification of the start of activity1138/2023, of December 19, 2023. 

189  Royal Decree 444/2024 that regulates the requirements to be considered a user of special relevance for the 
purposes of the provisions of Law 13/2022 on Audiovisual Communication. User of special relevance is the 
term in the AV Law for “influencers”. 

23 

 
 
 
literacy and protection of minors, with the CNMC to be designated as responsible to validate 
audiovisual  media  service  providers’  age  verification  systems.  Regarding  the  cooperation 
between  the  CNMC  and  the  regional  audiovisual  authorities,  the  group  of  Audiovisual 
Regulatory Authorities, intended to foster the exchange of expertise and best practices on the 
application of the legislation190, met for the first time in June 2023. After adoption of its rules 
of  procedure,  which  are  currently  being  prepared,  the  group  will  focus  on  three  topics: 
European  works,  media  literacy,  and  online  services191.  In  January  2024  the  CNMC  was 
designated  as  the  Digital  Services  Coordinator  responsible  for  monitoring  and  enforcing 
relevant obligations under the Digital Services Act (DSA). 

The  inclusion  of  providers  of  video  sharing  platforms,  providers  of  audiovisual  media 
service aggregation services and users of special relevance in the new national registry 
of audiovisual service providers will increase transparency of media  ownership, which 
remains overall an area of concern. The Royal Decree regulating the national registry was 
adopted on 19 December 2023192. The Ministry for the Digital Transformation and the Public 
Service  is  responsible  for  this  registry,  which  was  launched  in  May  2024.  Furthermore,  in 
April 2024, Royal Decree 444/2024 that regulates the requirements to be considered a user of 
special  relevance  was  approved.  The  Ministry  plans  to  put  in  place  an  agreement  with  the 
competent  audiovisual  authorities  of  the  Autonomous  Communities  for  the  electronic 
interconnection  between  the  State  Registry  and  the  regional  registers  to  facilitate  their 
interoperability.  As  a  result,  ownership  data  will  be  publicly  accessible  for  a  larger  list  of 
providers  (audiovisual  media  services,  video  sharing  online  platforms  and  providers  of 
services  of  special  relevance).  Yet  there  has  been  no  legal  initiative  to  apply  equivalent 
transparency requirements to other media, such as news outlets, leading to an overall limited 
ownership  transparency.  Therefore,  transparency  of  media  ownership  and  financial 
transparency,  as  well  as  in  news  media  concentration  continues  to  be  an  area  of  concern. 
According  to  the  Media  Pluralism  Monitor,  transparency  of  media  ownership  scores  85%, 
thus remaining at high risk level193. The risk score for plurality of media providers is also at 
high  risk  (88%)194.  The  audiovisual  law  includes  provisions  on  pluralism  for  the  television 
services market and the radiophonic services market195. 

There have been no changes to the legal framework for institutional advertising, while 
calls for increased transparency in the distribution of institutional advertising to avoid 
its  use  for  partisan  or  electoral  purposes  continue.  Spain  is  currently  assessing  possible 
changes  to  the  current  law  on  institutional  advertising  to  enhance  transparency  of  state 
advertising196.  When  it  comes  to  transparency  of  institutional  advertising  campaigns  at 
national level, the situation remains unchanged and annual reports on institutional advertising 

190  Second additional provision, General Law on Audiovisual Communication 13/2022, of 7 July 2022. 
191  Information received in the context of the country visit to Spain from CNMC.  
192  Royal Decree 1138/2023, of December 19, 2023, which regulates the State Register of Audiovisual Media 
Service  Providers,  Video  Exchange  Service  Providers  through  Platform  and  Audiovisual  Media  Service 
Aggregation Service Providers and the procedure for prior notification of the start of activity. 

193  2024 Media Pluralism Monitor, country report for Spain, page 16. The 2023 Monitor also indicated a high-

risk level at 79%. 

194  2024 Media Pluralism Monitor, draft country report for Spain, page  16. The 2023 Monitor also indicated a 

high-risk level at 88%.  

195  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 23. 
196  Law on Advertising and Institutional Communication 29/2005, of 29 December 2005. Information received 
in the  context of the country visit to  Spain from the Government. The announced Democracy Action  Plan 
will include a reform of the law on institutional advertising in order to increase transparency.   

24 

 
 
do  not  provide  information  on  which  media  received  advertising  money  from  the  national 
administration197. As regards the use of state advertising by public administration at regional 
and  local  level,  there  are  some  positive  examples  of  higher  degrees  of  transparency198,  yet 
information  is  incomplete199,  as  not  all  public  entities  are  included  in  these  reports.  Some 
stakeholders criticised the increasing  use of institutional  advertising for partisan or electoral 
purposes200, and called for more transparency on the allocation of public funds, highlighting 
the need for fair criteria in such allocation201.  

A new acting chair of the public service media has been appointed, in the absence of an 
agreement  in  the  Congress  to  appoint  a  new  board  and  chair.  In  September  2022,  the 
chair of the board resigned, and the board appointed one of its members as “acting chair” with 
limited executive powers202. In October 2022, the Government changed the statute of RTVE 
giving the chair executive powers to ensure the functioning of RTVE. The board dismissed its 
acting chair on 26 March 2024 and appointed a new acting chair for a six-month period; the 
mandate of five members of the Board expired at the end of March 2024. The renewal of the 
management board, which requires a 3/5 majority agreement in the Congress, is outstanding. 
According to the Government, this interim situation does not affect the normal functioning of 
RTVE203. The Media Pluralism Monitor (MPM) indicator on independence of public service 
media  indicates  high  risk  (67%)  in  2024204  same  as  a  year  before205.  According  to  a  Flash 
Eurobarometer,  48%  of  respondents  in  Spain  stated  that  they  trust  public  TV  and  radio 
stations, which corresponds to the EU average206. When it comes to editorial independence of 
regional and local public service media, some stakeholders continue to express concern about 
their use for partisan purposes207. The MPM 2024 also refers to lack of political independence 
of public media at regional levels208.  

There  has  been  no  further  progress  to  strengthen  access  to  information,  and 
stakeholders  continue  to  voice  concerns.  The  2023  Rule  of  Law  Report  recommended  to 

197  In  May  2023,  the  national  Government  approved  a  two-year  framework  agreement  of  up  to  440  million 

euros for institutional advertising.  

198  For example, the “Report of the Advisory Committee on Institutional Advertising 2022” in Catalonia or the 

“Media Plan” in Madrid detail the amounts spent per media type and name. 

199  Spanish  Transparency  Magazine  (2021),  Map  of  institutional  advertising  in  autonomous  Spain:  legal 

framework and systems for accountability. 

200  Art.  4  of  Law  on Advertising  and  Institutional  Communication  29/2005  prohibits  the  use  of  institutional 
campaigns  intended  to  highlight  achievements  in  management  or  in  achieving  objectives  by  the  national 
public administration. 

201  Information received in the context of the country visit to Spain from journalists’ associations (FAPE, APM); 
Contribution from the Foundation ‘Hay Derecho’ for the 2024 Rule of Law Report, p. 29. According to the 
2024 Media Pluralism Monitor, draft country report for Spain, p. 21, “institutional advertising is often used 
by political parties, especially those in power, as a tool to sway media outlets and (…) digital native media in 
particular,  are  highlighted  as  especially  vulnerable  to  influence  due  to  their  economic  instability,  with 
frequent  criticisms  over  the  biased  allocation  of  public  funds  and  institutional  advertising  based  on 
ideological leanings”.  

202  RTVE, Press release of 27 September 2022.  
203  Information received in the context of the country visit to Spain from the Spanish authorities. 
204  2024 Media Pluralism Monitor, country report for Spain, p. 21. 
205  2023 Media Pluralism Monitor, country report for Spain, p. 17. 
206  European Parliament, Flash Eurobarometer, Media & News Survey 2023, p. 44. 
207  Information received in the context of the country visit to Spain from journalists’ associations (FAPE, APM); 

Contribution from the Foundation ‘Hay Derecho’ for the 2024 Rule of Law Report, p. 33. 

208  2024 Media Pluralism Monitor, draft country report for Spain, p. 28.  

25 

 
 
Spain to “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”209.  The  legislative  process  to  adopt  the  draft  law  on  classified  information  that 
would replace the current law on official secrets of 1968210 was halted in May 2023, when the 
Parliament  was  dissolved.  On  23  October  2023,  Spain  ratified  the  Council  of  Europe’s 
Convention on Access to Public Documents211, which recognises a general right of access to 
official  documents  held  by  public  authorities.  The  Government  intends  to  re-launch  the 
adoption  of  the  draft  law  on  official  secrets,  based  on  the  2023  draft212.  Journalists’ 
representatives  voiced  scepticism  about  the  chances  of  progress  towards  adoption  of  a  new 
law213 and criticised the proposed deadlines for classification of information214.  In its  2022 
annual  report,  the  Council  for  Transparency  and  Good  Government  informed  that  during 
2021,  41.4%  of  the  appeals  before  the  Council  were  motivated  by  the  fact  that  the 
administration on a state level and 73.75% on a regional level did not respond to requests for 
information215.  This  leads  the  MPM  to  conclude  that  the  situation  regarding  access  to 
information  in  Spain  has  not  significantly  improved216.  This  is  also  reflected  in  criticism 
voiced  by  journalists’  representatives  who  complain  about  an  increasing  trend  by  public 
institutions and political parties of having press conferences where press statements are given 
without the possibility to ask questions or where certain media were excluded217. Overall, no 
progress has been made on the recommendation made in the 2023 Rule of Law Report.  

Journalists  continue  to  face  increasing  challenges  in  the  performance  of  their 
professional  activities.  Since  the  publication  of  the  2023  Rule  of  Law  Report,  seven  new 
alerts  have  been  activated  for  Spain  in  the  Council  of  Europe’s  Platform  to  Promote  the 
Protection of Journalism and Safety of Journalists218, relating to attacks on physical safety and 
integrity  of  journalists219,  harassment  and  intimidation  of  journalists220,  detention  and 
imprisonment of journalists221 and other acts having chilling effects on media freedom222. The 
State  replied  to  five  of  these  alerts,  indicating  that  in  the  cases  of  detention  of  journalists, 
these were due to acts allegedly not related with the exercise of the professional activities and 

209  2022 and 2023 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p.  2 and p. 2, 
respectively. In the 2023 Rule of Law Report, the Commission concluded that  some progress was made on 
the recommendation. 

210  Law on Official Secrets 9/1968 of 5 April 1968. 
211  Council of Europe Convention on Access to Official Documents, Tromsø, 18.VI.2009. 
212  Information received in the context of the country visit to Spain from the Spanish authorities. 
213  Information received in the context of the country visit to Spain from journalists’ associations (FAPE, APM). 
214  In February 2024, the Congress expressed support to discuss a draft law with the same purpose presented by 

a political group. Journal of sessions of the Congress of Deputies, 27 February 2024, p. 73. 

215  2024 Media Pluralism Monitor, draft country report for Spain, p. 13. In 2023, these rates would be 34.8% at 
state  level  and  71.3%  at  regional  level,  based  on  data  from  the  Council  for  Transparency  and  Good 
Government web site. 

216  Ibidem. 
217  Information received in the context of the country visit to Spain from journalists’ associations (FAPE, APM). 
218  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Spain. 
219  ‘La Voz de Galicia Journalist Alfredo López Penide Stabbed, Newsroom Ransacked Over Report’. No State 

reply. 

220  Exiled  Cuban  Journalist Abraham  Jiménez  Enoa Threatened  in  Barcelona.  No  State  reply;  Journalists  and 
Camera  Operators  Harassed  While  Covering  Protests  Across  Spain.  State  replied;  Madrid  Community 
Official Threatens and Doxxes Journalists Over News Reports. State replied. 

221  Two  El  Mundo  and  El  Español  Journalists  Detained  over  Protest  Coverage.  State  replied;  Photojournalist 

Rodrigo Mínguez Violently Detained by Escort Officers. State replied. 

222  Journalist Rosa Roda Denied Accreditation by the Murcia Region. State replied. 

26 

 
 
are  currently  being  investigated  by  Courts.  The  platform  registers  24  active  alerts.  The 
Mapping  Media  Freedom  project  registered  52  alerts  in  Spain  in  2023,  including  cases  of 
physical  assaults,  harassment  or  intimidation  and  threatening.  The  reform  of  the  Citizen 
Security  Law223,  if  approved,  could  address  concerns  from  journalists224.  Both  the 
Government and journalists’ associations are supportive225 of a draft bill on the professional 
secrecy of journalism226 that had been proposed at the end of the previous legislature. Though 
in practice there have been very few instances of courts requesting journalists to disclose their 
sources  or  to  requisition  their  equipment,  journalists  feel  it  would  be  better  to  have  such 
protection written in law227. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Spain is a parliamentary monarchy, with a bicameral Parliament228. It is also a decentralised 
unitary  state  where  the  State  and  the  Autonomous  Regions  have  both  exclusive  and  shared 
competences229.  The  Constitutional  Court230  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  State231.  Both 
chambers of Parliament – the Congress and the Senate – have legislative competence, which 
they can delegate to  the  Government,  subject  to  certain  limitations232. 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.  

An “Organic Law on Amnesty for the Institutional, Political and Social Normalisation of 
Catalonia” was adopted by Congress on 30 May 2024 and entered into force on 11 June 
2024.  This  law  establishes  an  amnesty  applying  to  acts  and  events  encompassing  criminal, 
administrative or accounting liability, defined both in terms of the dates of the acts and their 
connection with  events  around the  “independence process” in  Catalonia.  The Amnesty  Law 
was the subject of major controversy in Spain, linked to the political circumstances around its 
adoption process and its content, including demonstrations and public statements by different 
stakeholders,  as  well  as  extensive  correspondence  addressed  to  the  European  Commission. 
The  Commission  has  engaged  with  the  Spanish  authorities  to  receive  clarifications  on  the 
amnesty  law,  which  it  is  analysing.  A  large  number  of  stakeholders  have  shared  their 

223  Organic Law on the protection of public safety 4/2015, of 30 March. 
224  Information received in the context of the country visit to Spain from journalists’ associations. See Pillar IV. 

Other institutional issues related to checks and balances.  

225  Information received in the context of the country visit to Spain from the Spanish authorities and journalists’ 

associations. 

226  Draft organic law for the protection of the professional secrecy of journalism 121/000135. 
227  Information received in the context of the country visit to Spain from journalists’ associations. 
228  It consists of the Congress of Deputies (the lower house), and the Senate (the upper house). Both are directly 

elected. 

229  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. 

230  The Constitutional Court does not form part of the judiciary. 
231  Title IX of the Spanish Constitution. 
232  Spanish Constitution, art. 82. 

27 

 
 
 
concerns233,  including  on  the  draft  law’s  potential  impact  on  the  overall  fight  against 
corruption234. At the request of the President of the Parliamentary Assembly of the Council of 
Europe  (PACE)  and  the  President  of  the  Spanish  Senate,  on  15  March  2024  the  Venice 
Commission adopted an Opinion on the draft amnesty law235 addressing a number of issues 
relating  to  the  rule  of  law,  both  in  terms  of  general  criteria  applicable  to  amnesties  and 
whether  these  applied  to  this  case.  The  Venice  Commission  made  a  number  of 
recommendations to  clarify some provisions and avoid ambiguities, notably on the scope of 
the  amnesty.  It  set  out  the  requirements  for  the  respect  of  the  separation  of  powers  with 
respect to the derogations to ordinary procedural powers of the courts, as well as how to avoid 
risks  that  the  work  of  parliamentary  committees  could  affect  judicial  independence.  At  the 
same  time,  it  highlighted  the  fact  that  the  legislative  proposal  was  taken  forward  under  an 
urgent  procedure,  allowing  only  for  a  limited  consultation  of  the  public.  The  Venice 
Commission  underlined  the  importance  of  giving  time  and  space  for  consultation  on  such 
legislation and the benefits to be gained from having the legislation supported by an enhanced 
majority in Congress.  

Several  initiatives  aimed  at  increasing  public  participation  in  policymaking  and 
fostering  a  rule  of  law  culture  have  been  taken  forward.  The  Open  Government  Forum 
provides a tool for participation and dialogue between public administrations and civil society 
representatives236.  A  Strategic  Framework  for  Citizenship,  Inclusion  against  Racism  and 
Xenophobia  (2023-2027)  has  been  drawn  up,  with  the  aim  of  facilitating  the  inclusion  of 
migrant  citizens,  as  well  as  combating  racism,  xenophobia,  and  other  forms  of  related 
intolerance,  by  fostering  collaboration,  bringing  together  initiatives,  and  ensuring  coherence 
between actions from both the public sector and civil society237. On the occasion of the 45th 
anniversary of the adoption of the Spanish Constitution, different actions were carried out to 
bring  its  content  closer  to  civil  society,  including  the  organization  of  the  ‘Second  Training 
Activity on Youth and Constitution’238. On 6 June 2023, the Second Human Rights Plan for 
the  period  2023-2027  was  approved  by  agreement  of  the  Council  of  Ministers,  comprising 
four  main  strands  of  action  in  the  areas  of  cooperation,  human  rights,  equality  between 
women and men and equal treatment, and including more than 400 specific measures239. The 
Third Sector Platform, a civil society umbrella organisation, has coordinated different events 
and  workshops  promoting  an  open  government  for  all  citizens,  with  particular  attention  to 
accessibility and the digital divide, youth and gender perspective approach240. 

Concerns on some procedural practices relating to the use of emergency procedures for 
the  approval  of  legislation  remain.  Stakeholders  continue  sharing  concerns  regarding  the 

233  Information received from Association of ‘Abogados del Estado’, Association of Prosecutors, Professional 
and  Independent Association  of  Prosecutors,  Council  for  the  Judiciary,  Foundation  ‘Hay  Derecho’,  Civic 
Platform  for  the  Judicial  Independence,  Independent  Judicial  Forum  and  Professional  Association  of  the 
Magistracy in the context of the country visit to Spain. 

234  Information  received  from  Foundation  ‘Hay  Derecho’  in  the  context  of  the  country  visit  to  Spain. 
Contribution  from  Impulso  Ciudadano  for  the  2024  Rule  of  Law  Report,  pp.  12-13.  Information  received 
from Prosecutors Associations in the context of the country visit to Spain.  

235  CDL-AD(2024)003. 
236  Input from Spain for the 2024 Rule of Law Report, p. 65. 
237  Input from Spain for the 2024 Rule of Law Report, p. 67. 
238  Input from Spain for the 2024 Rule of Law Report, p. 68. 
239  Ibidem. 
240 Input from Spain for the 2024 Rule of Law Report, pp. 68-69. 

28 

 
 
perceived  excessive  use  of  emergency  procedures  for  the  approval  of  legislation241.  The 
concerns  result  from  the  fact  that  these  acts  –  though  using  the  justification  of  urgency  – 
sometimes  included  in  the  drafts  a  wider  range  of  issues,  and  affect  the  requirements  for 
public consultation, impact assessment and consultation of regulatory bodies.  The quality of 
law-making  remains  a  significant  cause  for  concern  about  the  effectiveness  of  investment 
protection among companies in Spain242.  

A new equality body is being set up, while posts in a number of independent authorities 
continue to be vacant. The Government is currently working to set up a new equality body, 
following a law adopted in July 2022243. As referred to in the 2023 Rule of Law Report244, 
the  purpose  of  the  Independent  Authority  on  Equality  and  Non-Discrimination  will  be  to 
protect and promote the equality and non-discrimination of all citizens both in the public and 
private sectors. The new body should be in place before the end of 2024245. There are other 
authorities where posts have remained vacant for a long period of time246, such as in the Data 
Protection Authority (since July 2019)247. Moreover, following the resignation of one of the 
members of the Constitutional  Court in  July 2022, this  post had remained unoccupied until 
the agreement of 25 June 2024 on the renewal  of the Council for the Judiciary, which also 
included  this  appointment  decision,  to  be  taken  in  July  2024248.  On  the  other  hand,  a  new 
President  of  the  Council  of  State  was  appointed  after  the  annulment  of  the  previous 
nomination249. The Ombudsperson, which is the national human rights institution, accredited 
with A status by the UN Global Alliance of National Human Rights Institutions (GANHRI), 
has published its annual report in March 2024, including different suggestions, reminders and 
warnings  related  to  citizens’  rights  to  ensure  they  are  taken  into  account  in  the  decision-
making process250. 

241  Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law 
Report, p. 27; Contribution from the Professional Association of the Magistracy for the 2024 Rule of Law 
Report, p. 19; Contribution from the Foundation ‘Hay Derecho’ for the 2024 Rule of Law Report, pp. 38-39; 
Written contribution from the Civic Platform for the Judicial Independence in the context of the country visit 
to Spain. 

242  In  Spain, 46%  of  the  surveyed  companies  perceive  the  quality  of  law-making  and  the frequent  changes  in 
legislation as a reason for the lack of confidence in the  investment protection in Spain (same as in  2023). 
Figure 56, 2024 EU Justice Scoreboard.  

243 Law 15/2022 of 12 July 2015 on equal treatment and non-discrimination. 
244 2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 28. 
245  Information provided by the Spanish authorities in the context of the country visit to Spain.  
246 Also  the  new  Independent Authority  competent  to  receive  external  whistleblowers  reports  and  corruption-

related still needs to be appointed, see Pillar II. 

247  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 27. On 24 May 2022 the 
Supreme Court had annulled the agreement of the Council of Ministers of 22 February 2022 by which the 
names of the candidates for the President and Deputy of the Spanish Data Protection Agency (AEPD) were 
communicated  to  the  Congress  of  Deputies.  On  13  July  2024  the  Ministry  of  the  Presidency,  Justice  and 
Relations  with  the  Parliament  published  an  order  by  which  the  selection  process  for  the  President  and 
Deputy of the AEPD must be resumed in the conditions provided for in the application call of 17 November 
2021, subject to publicity and with the understanding that the Council of Minister will send to Congress only 
one proposal for President and only one for Deputy. 

248  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. The necessary decision in this respect had been postponed repeatedly. 

249  Decision of the Supreme Court 1611/2023. 
250  Defensor del Pueblo (2024), Annual Report 2023. 

29 

 
 
 
Measures to speed up ‘amparo proceedings’ are being implemented. As referred to in the 
2023 Rule of Law Report251, on 15 March 2023 the Constitutional Court approved an action 
plan  to  accelerate  the  processing  and  resolution  of  so-called  ‘amparo  appeals’.  The  aim  of 
‘amparo appeals’ before the Constitutional Court is the protection against breaches of 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.  The  action  plan  regulates  the  submission  of  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. One of the aims of this action plan is to 
update the processing of ‘amparo proceedings’ and combat the existing serious delays, and so 
far, the number of rulings has indeed increased252. 

On  1  January  2024,  Spain  had  23  leading  judgments  from  the  European  Court  of 
Human  Rights  pending  implementation,  an  increase  of  two  compared  to  the  previous 
year253. At that time, Spain’s rate of leading judgments from the past 10 years that remained 
pending  was  at  51%  (compared  to  53%  in  2023),  the  average  time  that  the  judgments  had 
been pending implementation was 2 years and 10 months (compared to 2 years and 9 months 
in 2023)254. 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-treatment255.  As  regards  the  respect  of  payment  deadlines,  on  31  December 
2023  there  were  3  cases  in  total  awaiting  confirmation  of  payments  (compared  to  4  in 
2022)256.  On  1  July  2024,  the  number  of  leading  judgments  pending  implementation  had 
decreased to 22257.  

A reform of the Citizen Security Law aiming to address concerns regarding its impact 
on  the  civic  space  is  still  pending.  Civil  society  space  continues  to  be  considered 
narrowed258. The possible reform of the Citizen Security Law259, halted by the parliamentary 

251  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 27.  
252  Constitutional Court, Press Release No. 1/2024 of 11 January 2024. 
253 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.  

254 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 2024.  See  the  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, pp. 7-8.  

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

pending implementation since 2014. 

256  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 138.  

257  Data according to the online database of the Council of Europe (HUDOC).  
258  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

259  Organic Law on the protection of public safety 4/2015 of 30 March. 

30 

 
 
 
elections of July 2023, is considered a priority by the Government260. On 17 July 2024, the 
Government  has  announced  the  main  aspects  of  a  Democracy  Action  Plan,  addressing 
transparency and accountability and including the reform of the Citizen Security Law261.  In 
March  2023,  political  parties  had  failed  to  reach  an  agreement  in  the  Internal  Affairs 
Committee  of  the  Congress  over  the  reform  of  the  Citizen  Security  Law262.  Stakeholders 
underscored  this  was  a  missed  opportunity,  as  they  consider  that  the  current  law  has  a 
negative  impact  on  the  right  of  assembly  and  the  freedom  of  expression,  as  well  as  on  the 
civic space in general and on human rights defenders and journalists in particular, and have 
asked  political  parties  to  resume  the  work  on  the  reform263.  The  Council  of  Europe 
Commissioner for Human Rights also underlined that the Citizen Security Law should have 
been brought fully in line with European and international human rights standards264. 

260  Information  provided  by  the  Spanish  authorities  in  the  context  of  the  country  visit  to  Spain.  The  aim  to 
reform  this  law  was  included  in  the  Coalition  Agreement  between  PSOE  and  Sumar  “Una  España  que 
avanza”, October 2023, p. 43.  

261  Public statement at the Congress of Deputies made by the Government on 17 July 2024. 
262  2023 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 29.  
263  Public statement made on 29 June 2023 by Amnistía Internacional, Greenpeace,  Irídia, Novact, Defender a 

Quien Defiende, Comisión Legal Sol, Rights International Spain and No Somos Delito. 

264  Council of Europe (2023), Press release of 10 May 2023. See also Commissioner for Human Rights of the 
Council of Europe, Dunja Mijatović, Report following her visit to Spain from 21 to 25 November 2022, pp. 
20-22 and 25-26. 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 police 
(2023, 2022 and 2021 Rule of Law Reports, Country Chapter on the rule of law situation in Spain, p. 29, pp. 
21-22 and pp. 18-19 respectively). 

31 

 
 
 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Amnistía Internacional, Greenpeace, Irídia, Novact, Defender a Quien Defiende, Comisión Legal Sol, 
Rights International Spain and No Somos Delito, Public statement made on 29 June 2023 on the need 
to reform the Citizen Security Law. 

Centre for Media Pluralism and Media Freedom,  Monitoring Media Pluralism in the Digital Era in 
the year 2023 (2024) Country report: Spain.  

Civic Platform for the Judicial Independence,  Contribution from the Civic Platform for the Judicial 
Independence for the 2024 Rule of Law Report. 

Civic Platform for the Judicial Independence, Written contribution in the context of the 2024 country 
visit to Spain. 

Commissioner  for  Human  Rights  of  the  Council  of  Europe,  Dunja  Mijatović,  Report  following  her 
visit to Spain from 21 to 25 November 2022. 

Constitutional Court, Ruling 128/2023 of 2 October, ECLI:ES:TC:2023:128. 

Comissió Assessora Sobre la Publicitat Institucional, Generalitat de Catalunya. 

Constitutional Court, Press Release No. 1/2024 of 11 January 2024. 

Consultative Council of European Judges (CCJE) (2007), Opinion No. 10 (2007) on Council for the 
Judiciary at 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),  Opinion  No.  24  (2021)  on  Evolution  of  the 
Councils for the Judiciary and their role in independent and impartial judicial systems. 

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: Platform to promote the protection of journalism and safety of journalists. 

Council  of  Europe  (2023),  Press  release  of  10  May  2023,  Spain:  address  housing  and  health 
inequalities, safeguard freedoms of expression and assembly and provide safe and legal access to the 
territory for people seeking asylum.  

Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court 
of Human Rights – 17th Annual Report of the Committee of Ministers – 2023. 

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

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

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). 

Council  of  Europe:  Venice  Commission  (2024),  Opinion  on  the  rule  of  law  requirements  of 
amnesties,  with  particular  reference  to  the  parliamentary  bill  of  Spain  “on  the  organic  law  on 
amnesty for the institutional, political and social normalisation of Catalonia” (CDL-AD(2024)003). 

Defensor del Pueblo (2024), Annual Report 2023. 

Dirección General de Medios de Comunicación, Comunidad Autónoma de Madrid. 

32 

 
El País (2 December 2023), Diluir la tensión. 

El País (4 March 2024), La Fiscalía Europea investigará los contratos del ‘caso Koldo’ en Canarias 
y Baleares. 

EPPO  (2024),  Spain:  EPPO  opens  investigation  into  supply  of  face  masks  in  Canary  and  Balearic 
Islands. Spain: EPPO opens investigation into supply of face masks in Canary and Balearic Islands | 
European Public Prosecutor’s Office (europa.eu). 

Euractiv  (29  February  2024),  Brussels  looks  into  potential  misuse  of  EU  funds  in  Spanish  Koldo 
corruption case.  

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 (2023), 2023 Rule of Law Report, Country Chapter on the rule of law situation 
in Spain.  

European Commission (2022), 2022 EU Justice Scoreboard. 

European Commission (2024), 2024 EU Justice Scoreboard. 

European  Commission  (2024),  Statement  of  26  January  2024  ‘Commission  proposes  to  hold  a 
structured dialogue on the implementation by Spain of the recommendation of the rule of law report 
related 
Judiciary’, 
https://ec.europa.eu/commission/presscorner/api/files/document/print/en/statement_24_445/STATEM
ENT_24_445_EN.pdf. 

National 

Spanish 

Council 

the 

the 

for 

to 

ENCJ  Executive  Board  and  the  European  Association  of  Judges  (2024),  Statement  by  the  ENCJ 
Executive Board and the European Association of Judges on the renewal of Spanish Council for the 
Judiciary  (CGPJ),  https://pgwrk-websitemedia.s3.eu-west-1.amazonaws.com/production/pwk-web-
encj2017-p/2024%20news/EB%20EAU%20CGPJ%202%202%20April%202024.pdf. 

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

European Implementation Network (2024), Contribution from the European Implementation Network 
for the 2024 Rule of Law Report. 

European Parliament, Flash Eurobarometer: News & Media Survey 2023. 

Europol, Press Release (2024), 53 members of a criminal organisation arrested for sports corruption in 
Spain. 53 members of a criminal organisation arrested for sports corruption in Spain 53 members of a 
criminal organisation arrested for sports corruption in Spain | Europol (33uropa.eu). 

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Law Report. Government, Written contribution following the 2024 country visit to Spain. 

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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. 

33 

 
Judges  and  Magistrates’  Association  ‘Francisco  de  Vitoria’,  Contribution  from  the  Judges  and 
Magistrates’ Association ‘Francisco de Vitoria’ for the 2024 Rule of Law Report.  

Ministries of Justice and Home Affairs, Written contribution in the context of the 2024 country visit to 
Spain. 

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https://www.oecd.org/daf/anti-bribery/spain-phase-4-report.pdf. 

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without  delay,  says  the  OECD  Working  Group  on  Bribery,  https://www.oecd.org/daf/anti-
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the  General  State  Administration, 
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the  exercise  of  senior  positions 

in 

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for  Conflicts  of  Interest,  https://www.congreso.es/public_oficiales/L14/CORT/BOCG/A/BOCG-14-
CG-A-264.PDF. 

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for  Conflicts  of  Interest,  https://www.congreso.es/public_oficiales/L14/CORT/BOCG/A/BOCG-14-
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34 

 
 
Annex II: Country visit to Spain 

The Commission services held virtual meetings in March 2024 with: 

•  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 
• 
Independent Judicial Forum 
•  Judges and Magistrates’ Association “Francisco de Vitoria” 
•  Judges for Democracy 
•  Madrid Press Association (APM) 
•  Ministry of Finance 
•  Ministry of Foreign Affairs 
•  Ministry of Home Affairs 
•  Ministry of the Presidency, Justice and Relations with the Parliament 
•  Ministry of State Administration and Digital Reform 
•  National Commission of Markets and Competition 
•  National Council of Court Clerks 
•  National Police 
•  Office of Conflict of interests 
•  Ombudsperson’s Cabinet 
•  Platform “Tercer Sector” 
•  Professional and independent association of prosecutors 
•  Professional Association of the Magistracy 
•  Progressive Union of Prosecutors 
•  Representatives of Congress and Senate 
•  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 

35 

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

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe 
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 
•  European Federation of Journalists 
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International EU 

International Federation for Human Rights  
International Planned Parenthood Federation 
International Press Institute 
Irish Council for Civil Liberties 

36