COMMISSION STAFF WORKING DOCUMENT 2022 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 2022 Rule of Law Report The rule of law situation in the European Union

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COMMISSION
Luxembourg, 13.7.2022
SWD(2022) 509 final
COMMISSION STAFF WORKING DOCUMENT
2022 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
2022 Rule of Law Report
The rule of law situation in the European Union
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1
ABSTRACT
The Spanish justice system has continued undergoing important developments. The fact that
the renewal of the Council for the Judiciary is pending since December 2018 remains a
concern. In this context, there have been further calls to modify the Council’s appointment
system in line with European standards so that no less than half of judges-members are
elected by their peers. Legal amendments were adopted aiming at an increased transparency
of relations between the Government and the Prosecutor General, while concerns on the
coincidence in the term of office of the Prosecutor General and the Government remain. The
Judicial Ethics Committee issued an opinion on the ethical duties of judges who return to
their judicial functions after having held political office. Progress is ongoing as regards the
quality of the justice system, such as the implementation of measures facilitating access to
justice of persons with disabilities. The reform of the Criminal Procedure Code and the law
on the right of defence are progressing. The digitalisation of justice is well advanced and
shortcomings are being addressed. Efforts continue to address challenges related to the
resources of the judiciary. The length of proceedings remains a challenge, though work is
ongoing on draft laws aimed to enhance the efficiency of the justice system.
Spain continues to implement a set of measures to fight and prevent corruption. The adoption
of a national Anti-Corruption Plan is being considered, which is expected to contribute to
creating a comprehensive policy to prevent and reduce corruption. While resources have been
increased within the Prosecution Services, the investigation and prosecution of high-level
corruption remains a concern as proceedings continue to be lengthy and complex. As regards
the prevention of corruption, Spain continues to develop a strong integrity framework for the
public administration, including to prevent conflicts of interest and incompatibility rules. A
draft Law on Transparency and Integrity of Interest Groups and a draft law on conflict of
interests prevention in the public sector are being finalised by the Government. Draft
legislation on the protection of whistleblowers is expected to soon be adopted by the
Government. The Office for Conflicts of Interest has stepped up its role by providing ethics
guidance and training activities to public officials.
The general legislative framework regarding media freedom and pluralism remains solid and
stable. A law aimed to transpose the 2018 revision of the Audiovisual Media Services
Directive, which would include new legal provisions on the transparency of audiovisual
media ownership, has been adopted. However, challenges remain in relation to transparency
of written media ownership and the operational autonomy and resources of the Audiovisual
Regulator. Work is ongoing to strengthen access to information. The Government has
continued the implementation of an agreement aimed at facilitating the work of information
professionals, while journalists have continued facing some challenges.
A number of constitutional bodies relevant in the system of checks and balances, including
the Ombudsperson, saw their members appointed by Parliament, which put an end to
substantial delays. The Constitutional Court issued two decisions reviewing the emergency
measures taken to fight the COVID-19 pandemic. A number of initiatives aimed at increasing
public participation in policy-making and reinforcing cooperation between the public
administration and civil society are ongoing. The reform of the Citizen Security Law, which
continues to raise concerns including by civil society, is pending in Parliament. Activities to
promote a rule of law culture took place, in particular the launch of a training programme for
journalists on the Spanish justice system.
2
RECOMMENDATIONS
In addition to recalling the commitments made under the national Recovery and Resilience
Plan relating to certain aspects of the justice system, it is recommended to Spain to:
 Strengthen the statute of the Prosecutor General, in particular regarding the separation of
the terms of office of the Prosecutor General from that of the Government, taking into
account European standards on independence and autonomy of the prosecution.
 Proceed with the renewal of the Council for the Judiciary as a matter of priority and
initiate, immediately after the renewal, a process in view of adapting the appointment of
its judges-members, taking into account European standards.
 Continue efforts to table legislation on lobbying, including the establishment of a
mandatory public register of lobbyists.
 Address the challenges related to the length of investigations and prosecutions to increase
the efficiency in handling high-level corruption cases.
 Ensure adequate resources for the national audiovisual media regulatory authority to
strengthen its operations, taking into account the European standards on the independence
of media regulators in particular as regards resource adequacy.
 Pursue work to strengthen access to information, in particular via revision of the Law on
Official Secrets.
3
I. JUSTICE SYSTEM
The Spanish judicial system is composed of courts of general jurisdiction1
and specialised
courts2
, and is structured in accordance with the territorial organisation of the country. The
Supreme Court is the highest judicial body in all areas of law. The General Council for the
Judiciary, established by the Spanish Constitution, is the body of judicial self-governance,
and ensures the independence of courts and judges3
. As such, it does not itself form part of
the judiciary. It exercises disciplinary action and is competent to appoint, transfer and
promote judges, as well as being responsible for the training and recruitment of judges. The
public prosecution service is integrated in the judiciary with functional autonomy, and
pursues the mission of promoting justice in defence 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 Judiciary4
.
Spain participates in the European Public Prosecutor’s Office (EPPO). The Solicitor General
of the State is a senior official of the Ministry of Justice in charge of directing the Legal
Service of the Government and its relationship with national and foreign organisms, entities
and bodies. The Local Bars are public law organisations of professionals, independent from
the public administration and do not depend on the budgets of the public authorities, nor are
their assets public. They have competences for the organisation of the profession and
professional deontology, and approve their own code of ethics.
Independence
The level of perceived judicial independence in Spain continues to be low among the
general public and is now average among companies. Overall, 38% of the general
population and 41% of companies perceive the level of independence of courts and judges to
be ‘fairly or very good’ in 20225
. According to data in the 2022 EU Justice Scoreboard, no
clear trend can be identified in the evolution of the perceived level of independence since
2016. The perceived judicial independence among the general public remains at the same
level as in 2021. The perceived judicial independence among companies has increased in
comparison with 2021 (39%), as well as with 2016 (33%).
The delay in the renewal of the Council for the Judiciary remains a concern. The
Council for the Judiciary has been exercising its functions ad interim since December 20186
.
This raises concerns that it might be perceived as vulnerable to politicisation, as already
1
Covering the fields of civil, criminal, administrative and social law. In total, there are 2269 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 1465 first instance courts of
specialised jurisdiction.
3
Art. 117 of the Spanish Constitution enshrines the independence of magistrates and judges.
4
Art. 124(4) of the Spanish Constitution.
5
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%).
6
The Parliament is responsible for the appointment of all its members; that is subject to a qualified majority
of three fifths. Since 2018, negotiations between the main political groups are in a stalemate. Judges
members of the Council for the Judiciary (which are 12 out of 20) are appointed by the Congress and the
Senate among a list of judges who have been pre-selected by judges themselves. In order to be eligible in the
pre-selection phase, judges do not need to be part of an association of judges.
4
referred to in the 2020 and 2021 Rule of Law Reports7
. Calls have been repeated to proceed
with its urgent renewal and the situation has been described by key stakeholders as
unsustainable8
and anomalous9
. Following the reform in March 2021 specifying the ad
interim regime for the General Council for the Judiciary10
, the acting Council cannot proceed
to make appointments for top judicial positions11
. On 24 June 2022, the Government tabled a
reform allowing the Council for the Judiciary to proceed with the appointment of members of
the Constitutional Court12
. The Technical Cabinet of the Supreme Court13
published on 18
October 2021 a report on the consequences of the lack of renewal of the Council for the
Judiciary on the appointment of judges to the Supreme Court14
. The report concludes that the
Supreme Court is exercising its functions with 14% fewer judges than required by law15
, and
this could result in the Court issuing 1 000 fewer decisions per year, thus undermining the
efficiency of justice16
.
In the context of the renewal of the Council for the Judiciary, calls to modify the
appointment process of its judges-members, so their peers elect them, have been
reiterated. Calls by stakeholders17
have been reiterated to change the system of appointment
of the members of the Council for the Judiciary18
, in line with European standards, so that no
less than half of its members be judges chosen by their peers19
. In a joint statement of 13
7
2020 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 2; 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Spain, p. 2.
8
Speech of the President of the Supreme Court and the Council for the Judiciary for the opening of the
judicial year, 6 September 2021.
9
Input from Spain for the 2022 Rule of Law Report, p. 3.
10
Organic Law No. 4/2021, of 29 March.
11
The law prevents the acting Council to appoint the president of the Supreme Court, presidents of Provincial
Courts and High Courts of Justice, president of the National High Court, and presidents of Chambers and
Supreme Court judges.
12
Draft Law modifying article 570 bis of Organic Law 6/1986, Reference number: 122/000239.
13
Technical Cabinet of the Supreme Court is a body integrated in the Supreme Court that assumes functions of
technical-legal assistance to the president, the presidents of the chamber, the different chambers of the court
and the government chamber in the scope of their respective competences and in matters of institutional
relations, as well as public information on the jurisdictional or governmental activity of the court and the
performance of the necessary tasks to enable the creation of jurisprudence databases.
14
Technical Cabinet of the Supreme Court 2021, Report on the current and future impact of the lack of
renewal of vacant posts of Magistrates of the Supreme Court.
15
Law 38/98 of 28 December 1998. The law establishes a total of 79 magistrates for all the Chambers of the
Supreme Court.
16
The report reflects that if the lack of renewal of the Council for the Judiciary continues, this number will
increase up to 20% in October 2022.
17
Contribution from the Association of Prosecutors for the 2022 Rule of Law Report, p. 7; Contribution from
the Professional Association of the Magistracy for the 2022 Rule of Law Report, p. 7; Contribution from
Civic Platform for the Judicial Independence for the 2022 Rule of Law Report, p. 14; Contribution from the
Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the Independent Judicial Forum for the 2022
Rule of Law Report, p. 14; Contribution from the General Council of Spanish Lawyers for the 2022 Rule of
Law Report, p. 6.
18
According to Art. 122(3) of the Spanish Constitution, the Council consists of the President of the Supreme
Court (chairing) and of 20 individuals – 12 judges or magistrates, and 8 lawyers or other jurists of
recognised competence with more than fifteen years of professional practice. The Parliament is responsible
for the appointment of all its members which is subject to a qualified majority of three fifths. While the
Constitution requires the eight lawyers and other jurists to be appointed by a three-fifths majority in each
chamber of the Parliament (four by the Congress and four by the Senate), it does not specify how the
members representing judges are to be appointed.
19
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 26 and
27.
5
September 202120
, the four main associations of judges agreed that a reform of the
appointment system of the members of the Council for the Judiciary is needed, so that a
majority is elected by their peers, while there were discrepancies on the calendar for such
reform. A draft proposal to reform the system of appointment of the Council for the
Judiciary21
proposing that its judges-members are directly elected by their peers did not get
enough support in Parliament to start proceedings.
A new disciplinary regime for prosecutors was established, while questions continue to
be raised regarding the autonomy of the prosecution service from the Government. In
May 2022, the Government approved new rules of procedure for the prosecution service22
.
The rules set a regulatory framework for disciplinary matters for prosecutors, as it has been
recommended by the Group of States against Corruption (GRECO)23
. The regime is similar
to the one applicable to judges and magistrates. The disciplinary procedure is based on the
principles of non-retroactivity of unfavourable penalty provisions, adversarial process,
proportionality and culpability. It also includes causes of abstention and disqualification, as
well as the obligation to notify the agreement of filing to the person having submitted the
claim or complaint. It further introduces the position of Prosecutor for Disciplinary Action. In
April 2022, legal amendments were tabled in Parliament providing that relations between the
Government and the Prosecutor General will be further regulated24
. When implemented, this
could be considered as a welcome development, as it would reply to concerns raised in the
2020 Rule of Law report25
and also by GRECO26
. Stakeholders have signalled that a wider
reform of the statute of the Prosecutor General, in particular regarding the coincidence in the
term of office of the Prosecutor General and the Government27
, remains necessary28
. This
aspect has been subject to criticism considering in particular that the fact that the Prosecutor
General’s mandate ends at the same time as the Government’s mandate may affect the
perception of independence29
. The Prosecutor General herself has publicly called on the need
to reform the statute of the prosecution service30
.
The Judicial Ethics Committee issued an opinion on the ethical duties of judges who
return to their judicial functions after having held political office. Although there are
rules requiring the notification of the new temporary employment to a specific body by the
judge and there are general rules related in abstention and recusal of judges, there are no
20
Associations of Judges (2021), Joint press release of 13 September 2021 on the public statements of
politicians in relation to the renewal of the Council for the Judiciary.
21
Draft Law 122/000092, Proposal of an Organic Law to modify Organic Law 6/1985, from 30 October 2020.
22
Royal Decree 305/2022, of 3 May 2022.
23
GRECO Fourth Evaluation Round – Second Compliance Report, recommendation xi, para. 73.
24
Amendment 606. The Government will approve, in six months, the procedural rules regulating
communications between the Government and the Prosecutor General.
25
2020 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 4.
26
GRECO Fourth Evaluation Round – Second Interim Compliance Report, recommendation Six.
27
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 5.
28
Contribution from the Association of Prosecutors for the 2022 Rule of Law Report, p. 5; information
provided by the Independent Judicial Forum in the context of the country visit to Spain.
29
GRECO Fourth Evaluation Round – Evaluation Report, para 126.
In its Second Compliance Report, from March 2021, GRECO acknowledged that the recommendation had
been considered by the Government, although it resulted in no change in the method of selection and the
term of tenure of the Prosecutor General. GRECO also reiterated the need for further reflection on the
additional safeguards that can be introduced in the Spanish prosecution system to shield it from undue
interference.
30
Prosecution Council (2020), The State Attorney General promotes before the associations a plan to face the
challenge of the reform of the Code of Criminal Procedure.
6
specific rules in place establishing safeguards relating to temporary employment of judges as
members of the executive or legislative powers31
. There are provisions establishing that
judges continue to acquire seniority in service while they are in political office. As also
reflected in the 2021 Rule of Law Report32
, stakeholders have criticised this situation33
, as it
raises questions from the point of view of the separation of powers and regarding the
necessary independence and impartiality of judges in reality and in appearance34
. In this
context, the Judicial Ethics Committee35
has issued a non-binding opinion on the ethical
duties of judges who return to their judicial functions after having held political office36
. The
opinion focuses on activities where such judges are performing actions for which they can be
identified by the public as judges not only in the exercise of jurisdiction, but in all other
facets of the office. It is also indicated that when judges return to their judicial functions,
special explanatory or pedagogical efforts are needed to reinforce confidence in the judicial
system to avoid the perception of interference by the executive and/or legislative powers in
decisions taken by the judiciary.
Stakeholders have raised concerns of public statements by politicians, including
members of Parliament and the Government, in relation to members of the judiciary37.
In November 2021, the four main associations of judges published a joint press release
calling politicians to refrain from comments that could potentially damage judicial
independence38
. In particular, it was highlighted that the focus has moved from criticism
regarding specific court decisions to criticism pertaining to the judges behind those
decisions39
. The Supreme Court, in a decision issued on 18 March 202240
, reflected that while
such public statements are protected by the right to freedom of expression, it is important that
elected representatives exercising institutional responsibilities are prudent when expressing
their opinions. According to European standards, while courts are not immune to criticism
and scrutiny, the judiciary must enjoy public confidence to be successful in view of its special
role in society41
.
31
Figure 58, 2022 EU Justice Scoreboard.
32
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 4.
33
Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the Independent
Judicial Forum for the 2022 Rule of Law Report, p. 17; Contribution from Civic Platform for the Judicial
Independence for the 2022 Rule of Law Report, p. 11; Contribution from the Association of Prosecutors for
the 2022 Rule of Law Report, pp. 15-16.
34
GRECO Fourth Evaluation Round – Evaluation Report, paras. 102-103.
35
The Judicial Ethics Committee is an independent body of the Council of the Judiciary.
36
Judicial Ethics Committee 2021, Opinion 1/21.
37
Contribution from Civic Platform for the Judicial Independence for the 2022 Rule of Law Report, p. 16;
Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the Independent
Judicial Forum for the 2022 Rule of Law Report, p. 14; Contribution from the Professional Association of
the Magistracy for the 2022 Rule of Law Report, p. 3.
38
Associations of Judges 2021, Press Release of 21 November 2021 on the statements of politicians on judicial
resolutions.
39
Information provided by Judges and Magistrates’ Association ‘Francisco de Vitoria’ in the context of the
country visit to Spain.
40
Poder Judicial (2022), Press Release 18 March 2022.
41
Venice Commission (CDL-AD(2013)038), Opinion on the legislation on defamation of Italy, para. 21-22. It
may prove necessary to protect public confidence on the judiciary against attacks, especially in view of the
fact that judges who have been criticised are subject to a duty of discretion that precludes them from
replying.
7
Quality
New measures that facilitate access to justice of persons with disabilities have been
implemented. In September 2021, a law aiming to support persons with disabilities on the
exercise of their legal capacity42
entered into force. The law establishes a new system more
respectful of the will and preferences of persons with disabilities and provides legal
guarantees to prevent possible abuses. This reform was considered by stakeholders as a
positive step contributing to facilitate the access to justice of people with disabilities43
.
Moreover, on 13 January 2022, a unit was created within the Documentary Center of the
Council for the Judiciary (CENDOJ) to guarantee accessibility for persons with disabilities to
digital applications of the Council for the Judiciary44
. In addition, the Spanish Bar offered a
course to lawyers on the legal protection of persons with disabilities, to promote the creation
of free legal aid shifts for people with disabilities45
.
Work on the revision of the Code of Criminal Procedure continues46. In July 2021, the
Prosecutor General’s Office published a technical report on the draft law reforming the Code
of Criminal Procedure that had been tabled on 24 November 202047
. The report welcomes the
reform, in particular the changes on the system for judicial investigation, which would be led
by prosecutors instead of investigative judges, as it is currently the case48
. However, the
report also pointed to some aspects that could contribute to an increase of the length of
proceedings. In this context, the Ministry of Justice put on hold discussions on the tabled
draft law and created an ad-hoc working group in order to discuss a new draft law aiming to
obtain a wide consensus of relevant stakeholders49
. The Working Group is expected to
publish its findings in June 2022.
Efforts are ongoing to address challenges regarding resources of the justice system. The
number of judges per inhabitant remains one of the lowest in the EU50
. In this context, the
Government plans the creation of 70 new posts by the end of 202251
. In addition, the total
budget allocated to the justice system increased by 7% in comparison with 202052
. Moreover,
concerns have been raised in relation to difficulties to fill vacant positions in some regions of
42
Law 8/2021 reforming civil and procedural legislation to support people with disabilities on the exercise of
their legal capacity.
43
Information provided by the General Council of Spanish Lawyers in the context of the country visit to Spain.
44
Contribution from Council for the Judiciary for the 2022 Rule of Law Report, p. 13.
45
Contribution from the General Council of Spanish Lawyers for the 2022 Rule of Law Report, p. 18.
46
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 6.
47
Written contribution received from the Prosecutor General’s Office in the context of the country visit to
Spain.
48
Currently, the system confers on the investigative judge the power to lead the investigation, while
prosecutors can only demand the adoption of precautionary or investigative measures to be taken by the
judge (Art. 5, Law No. 50/1981 of 30 December).
49
Input from Spain for the 2022 Rule of Law Report, p. 10. The Working Group is formed by the Ministry of
Justice, the Ministry of Home Affairs, the technical cabinet of the Council for the Judiciary, the technical
secretariat of the General Prosecutor, the General Council of Procuradores, the General Council of Spanish
Lawyers, and academics.
50
Figure 36, 2022 EU Justice Scoreboard. This category consists of judges working full-time, in accordance
with the CEPEJ methodology. It does not include the Rechtspfleger/court clerks/letrados that exist in some
Member States such as Spain.
51
Input from Spain for the 2022 Rule of Law Report, p. 6. Written contribution received from the Ministry of
Justice in the context of the country visit to Spain.
52
Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the Independent
Judicial Forum for the 2022 Rule of Law Report, p. 15.
8
Spain53
. These vacancies are often covered by substitute-judges54
. In December 2021, the
Government announced a scholarship programme to support the access to the judicial and
prosecutorial careers55
. The programme is formed by 245 scholarships and a total budget of
EUR 1 619 940. The main objective of the programme is to reduce the impact of socio-
economic barriers limiting the access to said careers.
The use of ICT tools is well established and shortcomings of the digitalisation of justice,
such as interoperability issues, are being addressed. As reflected in the 2021 Rule of Law
Report56
, the use of ICT tools in the justice system is widespread57
. The Government is
working on a law on digital efficiency. The law would promote the use of electronic case
records, electronic processing of legal procedures and the use of digital solutions to conduct
and follow court proceedings58
. Shortcomings in relation to interoperability between the
management systems used in the different Autonomous Regions, as mentioned in the 2021
Rule of Law Report59
, are being addressed in the context of the improvement of the digital
ecosystem of the public administration60
. In particular, the exchange of files is already
possible between the regions where the management of the Justice system is carried out by
the Ministry of Justice61
and the Autonomous Regions of Andalusia, Canary Islands and
Madrid62
. This is currently done via an independent tool in the frame of the so-called
“Judicial Interoperability HUB” project; and the next phases of the project envisage a closer
interoperability between IT systems63
. Further investments on the digitalisation of justice are
planned within the Spanish Recovery and Resilience Plan64
.
The Government is working on a draft law on the right of defence. The Government is
working on a draft law on the right of defence. The draft law compiles in one legal document
the different aspects of the right of defence, which are currently spread in a number of pieces
of specialised legislation. It also provides for additional guarantees to the right of access to
effective judicial protection and incorporates suggestions from the General Council of
Spanish Lawyers and other relevant stakeholders.
53
Contribution from Council for the Judiciary for the 2022 Rule of Law Report, p. 11.
54
Information provided by the Ministry of Justice and the Council for the Judiciary in the context of the
country visit to Spain. These substitute-judges, appointed by the Council for the Judiciary on the proposal of
High Regional Courts, although not subject to the same recruitment procedure and training programme as
career judges, may exercise judicial functions in courts of the different jurisdictions.
55
Written contribution received from the Ministry of Justice in the context of the country visit to Spain.
56
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 6.
57
Figures 41-49, 2022 EU Justice Scoreboard.
58
Input from Spain for the 2022 Rule of Law Report, p. 8.
59
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, pp. 5-6.
60
Input from Spain for the 2022 Rule of Law Report, pp. 7-8. That includes, among others, Civil Registries,
Administrative Registries of the Administration of Justice, forensic institutes, State Security Forces and
Bodies, penal institutions and other public administrations.
61
The management of the Justice system is carried out by the Ministry of Justice in the Autonomous Regions
of Castilla and León, Castilla-La Mancha, Murcia, Baleares, Extremadura and the Autonomous Cities of
Ceuta and Melilla.
62
Input from Spain for the 2022 Rule of Law Report, p. 8.
63
Written contribution received from the Ministry of Justice in the context of the country visit to Spain.
64
Recovery and Resilience Plan 2021, Component 11, p. 42. Investments include among others the
improvement of digital services, the creation of an electronic case record, the modernisation of infrastructure
and the development of interoperability and cybersecurity mechanisms.
9
Efficiency
Challenges regarding the efficiency of the justice system are increasing, including as a
result of the COVID-19 pandemic. The disposition time in civil, commercial, and
administrative cases in first instance increased from 274 days in 2019 to 349 days in 202065
,
possibly as a result of the COVID-19 pandemic. Furthermore, the disposition time for civil
and commercial cases in the Supreme Court significantly increased since 2019, reaching 888
days66
(in 2019 this figure was 681 days67
). The clearance rate for litigious civil and
commercial cases decreased in 2020 to 89.8% and it is now one of the lowest of the EU68
. On
the positive side, the clearance rate for the second instance civil and commercial cases has
increased from 93.0% to 116.9% and the disposition time has decreased from 279 to 227
days. Moreover, the clearance rate in administrative cases first instance has increased from
92.2% to 99.5%. However, the number of pending litigious civil, commercial, and
administrative cases remains very high and has continued to increase steadily69
. Concerns
about the efficiency of the Spanish justice system were raised by stakeholders70
, including in
connection with deficiencies of the current procedural system.
The Government has tabled several legal initiatives aimed to increase the efficiency of
the justice system. The Parliament started discussions on the laws on the organisational and
procedural efficiency of the justice system in April 2022. As reflected in the 2021 Rule of
Law Report71
, these draft laws aim to shorten the length of procedures in all four jurisdictions
while preserving the procedural guarantees of citizens. The adoption of these legislative
proposals are milestones covered within the Spanish Recovery and Resilience Plan72
.
II. ANTI-CORRUPTION FRAMEWORK
In Spain, the Anti-Corruption Prosecutor’s Office (ACPO)73
is responsible for the
investigation, detection and prosecution of corruption with the assistance of law enforcement
agencies. Attached Units – from the National Police74
and the Civil Guard75
- and Support
Units of the State Tax Administration Agency (AEAT) and the General Intervention Board of
the State Administration (IGAE), all of whom contribute with analytical work76
. The National
Anti-Fraud Coordination Service77
oversees anti-fraud measures and conducts investigations
at national level while several Autonomous Regions have their own offices to fight fraud in
65
Figure 6, 2022 EU Justice Scoreboard.
66
Figure 8, 2022 EU Justice Scoreboard.
67
Figure 8, 2021 EU Justice Scoreboard.
68
Figure 11, 2022 EU Justice Scoreboard.
69
Figure 14, 2022 EU Justice Scoreboard.
70
Defensor del Pueblo (2022), Annual Report 2021, p. 29; Contribution from the Judges and Magistrates’
Association Francisco de Vitoria and the Independent Judicial Forum for the 2022 Rule of Law Report, p.
16; Contribution from the Association of Prosecutors for the 2022 Rule of Law Report, p. 13.
71
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 7.
72
Recovery and Resilience Plan 2021, Component 11, pp. 26-28.
73
Law 10/1995, of 24 April, amending Law 50/1981, of 30 December, which regulates the Organic Statute of
the Public Prosecutor's Office and creates the Special Prosecutor's Office for the Repression of Economic
Crimes Related to Corruption. Official State Bulletin, 25 April 1995, n. 98, pp. 12102-2103.
74
Royal Decree 769/1987, of June 19, on regulation of the Judicial Police.
75
Royal Decree 769/1987, of June 19, on regulation of the Judicial Police.
76
Anti-Corruption Prosecutor’s Office (2020), Annual Report 2019, p. 698.
77
Governed by the Additional Provision 25 of General Subsidies Law 38/2003, of 17 November.
10
their territories78
. The Office of Conflicts of Interest oversees asset declarations for
Government officials and political appointees79
. 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 have their own Council to perform
the same role than the Council of Transparency and Good Governance80
. 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 Parliament81
.
The perception among experts and the business community is that the level of
corruption in the public sector remains relatively low. In the 2021 Corruption Perceptions
Index by Transparency International, Spain scores 61/100 and ranks 10th
in the European
Union and 34th
globally82
. This perception has improved over the past five years83
. The 2022
Special Eurobarometer on Corruption shows that 89% of respondents consider corruption
widespread in their country (EU average 68%) and 46% of respondents feel personally
affected by corruption in their daily lives (EU average 24%)84
. As regards businesses, 86% of
companies consider that corruption is widespread (EU average 63%) and 59% consider that
that corruption is a problem when doing business (EU average 34%)85
. Furthermore, 32% of
respondents find that there are enough successful prosecutions to deter people from corrupt
practices (EU average 34%)86
, while 11% of companies believe that people and businesses
caught for bribing a senior official are appropriately punished (EU average 29%)87
.
The adoption of a national anti-corruption plan is being considered, which is expected
to contribute to creating a comprehensive policy to prevent and reduce corruption. A set
of actions are also under implementation in the framework of the Strategy against Organised
78
Catalonia Anti-Fraud Office, which is regulated by Law 14/2008, of 5 November 2015 of the Autonomous
Region of Catalonia; Valencia Agency for the Prevention and Fight against Fraud and Corruption, which is
regulated by Law 11/2016 of 28 November 2015 of the Autonomous Region of Valencia; Office for
Prevention and Fight against Corruption of the Balearic Islands, regulated by Law 16/2016 of 9 December
2016 on the Balearic Islands; Municipal Anti-Fraud and Corruption Office of the Madrid City Council,
which is governed by its Organic Regulation approved by agreement of the Madrid City Council of 23
December 2016; Office for Transparency and Good Practice of the City of Barcelona (Directorate of the
Analysis Service).
79
These are political appointments made by Government decree and include secretaries of State, senior
officials in ministries, ambassadors and chefs of public companies, among others.
80
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, June 18th
.
81
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.
82
Transparency International (2022), Corruption Perceptions Index 2021. 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).
83
In 2017, the score was 57, while, in 2021, the score is 61. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last five years.
84
Special Eurobarometer 523 (2022). The Eurobarometer data on citizens’ corruption perception and
experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020).
85
Flash Eurobarometer 507 (2022). The Eurobarometer data on business attitudes towards corruption as is
updated every second year. The previous data set is the Flash Eurobarometer 482 (2019).
86
Special Eurobarometer 523 (2022).
87
Flash Eurobarometer 507 (2022).
11
Crime 2019-202388
. The strategy aims to minimise corruption risks by increasing the
transparency and efficiency of law enforcement agencies when investigating corruption-
related crimes. In this regard, two ongoing strategic plans for the National Police and the
Guardia Civil will include specific objectives to improve indicators of corruption risks to
better detect and fight corruption crimes, for instance, the percentage of prosecuted
investigations out of total public corruption investigations89
. The Ministry of the Interior
approved in March 2022 the Third Special Security Plan for Campo de Gibraltar against drug
trafficking, with a focus on corruption and other economic related crimes90
. Meanwhile, the
National Anti-Fraud Strategy is currently being drafted by the National Anti-Fraud
Coordination Service in close cooperation with the auditing authority and the national tax
administration law enforcement Agencies (National Police and Civil Guard) and the National
Prosecutor´s Office91
. The preparation of the strategy is being supported by an EU-funded
project with the technical support of the OECD, focusing on enhancing public accountability,
promoting the use of data, and strengthening coordination mechanisms across Government92
.
Moreover, the adoption of a national anticorruption plan is being considered, which is
expected to contribute to creating a comprehensive policy to prevent and reduce corruption93
.
Several initiatives to enhance integrity in the public sector are in the process of
implementation. Those include guidelines of conduct for public employees and senior
officials, models of risk maps in organisations, models for ethical climate surveys, models of
ethics committees, guides for the development of internal reporting channels, guides for the
management of institutional ethics mailboxes, activities and means of training and
dissemination, and mechanisms for monitoring, evaluating and reviewing the system. The
Government is currently assessing the integrity systems in the public administration in order
to develop and implement codes of conduct which set common standards to prevent
corruption in public office94
. The approach is to enact tailor made codes based on the
characteristics, risks and specificities of each public service and with the aim to develop
follow-up strategies95
. In addition, to strengthen the integrity within the National Police and
the Civil Guard, a new National Office for Human Rights Guarantees96
was set up in
February 2022. The Office has the aim to promote the professional and ethical integrity of
members of the law enforcement agencies through application of rules governing general
88
2019-2023 Strategy against Organised Crime and Serious Crime.
89
Input from Spain for the 2022 Rule of Law Report, p. 16.
90
Information received from the Ministry of Home Affairs in the context of the country visit in Spain.
91
Information provided by the Ministry of Interior in the context of the country visit in Spain. The scope of the
National Anti-Fraud Strategy has extended to the protection of the financial interest of Spain, including
integrity policies for civil servants. Also, Spain chairs the Global Operational Network of Anti-Corruption
Law Enforcement Authorities (GlobE Network), under the auspicious of the UN Convention against
Corruption, through the Spanish Law Enforcement and the National Anti-Fraud Coordination Service.
92
OECD (2021), Enhancing Public Accountability in Spain Through Continuous Supervision.
93
GRECO Fifth Evaluation Round - Compliance Report, para. 15; information provided by IGAE in the
context of the country visit in Spain.
94
Ministry of Regional Planning and Public Administration (2021), Preventive systems of public integrity in
the General Administration of the State.
95
Input from Spain for the 2022 Rule of Law Report, p. 18.
96
Instruction by the Secretary of State of Security 1/2022, of 22 February 2022.
12
staff of the administration97
, and in particular through the application of their respective codes
of ethics98
.
The length of corruption investigations and prosecutions remains a concern, in
particular with regard to high-level corruption cases. Bribery, fraud and corruption in the
public administration continue to be the main risks of serious corruption in Spain99
. The
number of procedures opened on corruption charges amounted to 53 in 2021100
. In addition,
of all adjudicated cases of corruption crimes in the course of 2021, a total of 44 cases were
convictions or partial convictions, while 21 were acquittals101
. The Government has assigned
nine extra posts to the Anti-Corruption Prosecutor’s Office which is competent for two major
areas of offences, namely economic offences and offences committed by public officials in
the exercise of their official duties. With this increase, the Office has reached a total of 29
prosecutors at national level as well as 30 delegated prosecutors at regional level102
. In
addition, specific corruption-focused training sessions were carried out in order to improve
investigation of economic crime and corruption103
. However, as highlighted in the 2021 Rule
of Law Report104
, investigation and prosecution of high-level corruption continue to be
lengthy and delayed which generates concern105
. This lack of efficiency in handling high-
level corruption cases is still mostly due to shortage of adequate funding and expertise despite
the efforts made on training106
. Lack of communication between anti-corruption prosecutors
is also considered a shortcoming107
. The Government expects that the revision of the Code of
Criminal Procedure would contribute in tackling these issues108
.
Resources of the Council of Transparency and Good Governance have been
strenghtened. The Council of Transparency and Good Governance having as aim ensuring
transparency, public access to information and good governance, has received additional
funding and its 2021 budget increased by 4,7% in comparison with 2020109
. In terms of
human resources, the Council of Transparency and Good Governance has also recruited four
additional technical posts and two administrative staff110
. In addition, a new document
management system is now in place and will enhance the development of the complaint
97
Written contribution received from the National Police and the Civil Guard in the context of the country visit
to Spain.
98
Most recent legislative acts include: Code of ethics of the National Police Force for 2013; Royal Decree
176/2022 of 4 March approving the Code of Conduct for Civil Guard staff. Its implementation is ensured
through awareness raising and training, the exercise of command work, supervision and, ultimately, through
the relevant disciplinary legislation which provides for and penalises conduct in contravention of human
rights.
99
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10.
100
Information obtained from the database of the Council for the Judiciary.
101
Ibid.
102
Anti-Corruption Prosecutor’s Office (2021), Annual Report 2020, p. 646.
103
Written contribution received from the Ministry of Justice in the context of the country visit to Spain.
104
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10.
105
Information received from the Association of Prosecutors in the context of the country visit to Spain.
106
Information received from the Association of Prosecutors in the context of the country visit to Spain.
107
Information received from the Progressive Union of Prosecutors in the context of the country visit to Spain.
108
One of the main novelties of the reform are the new powers of the investigating prosecutor and the judge
responsible for guarantees, as well as the alignment of the reform with other ongoing projects such as the
procedural rules on efficiency, which seek to modernise judicial proceedings. - Written contribution received
from the Ministry of Justice in the context of the country visit to Spain.
109
GRECO Fifth Evaluation Round - Compliance Report, para. 38.
110
Information received from the Council of Transparency and Good Governance in the context of the country
visit to Spain.
13
procedure by improving the relation with all parts involved (including citizens and regional
and local transparency entitities) and reducing formalities111
. While the Council of
Transparency and Good Governance has welcomed the strengthening of resources, it has
highlighted that given the increased trend of workload since 2019112
, additional efforts would
still be needed to guarantee the proper performance of its tasks – an observation that has also
been made by GRECO113
.
Ethics and integrity rules for civil servants are being amended in view of improving the
rules on conflicts of interest. As already reflected in the 2021 Rule of Law Report114
, one
commitment under the Fourth Open Government Plan115
is to strengthen the system to
prevent conflicts of interests and incompatibilities116
of employees working for all public
administrations117
. The Government is currently finalising the draft law on incompatibilities
including improved conflicts of interest rules118
. The draft law would apply to all public
employees and civil servants. While the Office of Conflicts of Interest continues overseeing
and enforcing conflicts of interest rules and the system for asset declaration of senior officials
and members of Government, GRECO has insisted on the reinforcement of the independence
and autonomy of the Office119
. Moreover, draft legislation is being prepared in relation to the
regime of incompatibilities for civil servants of the National Police120
and the Civil Guard121
;
the latter is planned for adoption in 2023. This new regulation will update and develop the
one already in force122
. In relation to asset disclosure, systematic publication of asset
declarations is done on a yearly basis by digital means. The information is gathered in new
forms has been further categorised to provide overall sums regarding real estate property,
bank deposits, capital stock and equity shares, life insurances and retirement plans, other
financial assets and property rights, and liabilities. The individual forms are then collated in a
single document which is published in the Official Journal and also made available online123
.
Those developments were welcomed by GRECO124
.
111
Ibid.
112
Council of Transparency and Good Governance, Strategic Plan 2022-2025.
113
GRECO Fifth Evaluation Round - Compliance Report, para. 39.
114
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 11.
115
Fourth Open Government Action Plan for Spain (2020-2024).
116
The system of incompatibilities is a system of measures to prevent conflicts of interest in the exercise of the
duties as public representatives by establishing activities that are not compatible with the duty in public
office.
117
Following a public consultation on the project initiative, a working group was established to discuss the
reinforcement of the prevention regime of conflicts of interests for political advisors including improved
transparency requirements and post-employment limitations, p. 3.
118
Replacing Law 53/1984 on Incompatibilities of Public Administration Personnel.
119
GRECO Fifth Evaluation Round - Compliance Report, p. 6.
120
This is based on the legal framework established by Organic Law 9/2015 of 28 July 1992 on the Staff
Regulations of the National Police, Article 15 of which provides that, by regulation, the rules for
implementing and applying the general rules on incompatibilities of staff serving the Public Administrations
shall be adopted in order to adapt it to the specific structure and functions of the National Police.
121
This relates to the provisions of Law 29/2014 of 28 November 1992 on the Conditions of Employment of
Civil Guard Staff and Article 22 of Organic Law 11/2007 of 22 October 2003 regulating the rights and
duties of members of the Civil Guard.
122
Written contribution received from the Ministry of Home Affairs in the context of the country visit to Spain.
123
Assets declarations: mptfp.gob.es.
124
GRECO Fifth Evaluation Round - Compliance Report, para. 51-54. GRECO has stated that these rules can
be further strengthened. For instance, there can be a more detailed disaggregation of information and assets,
shortening the timeframes for reporting and including information on spouses and dependent family
members.
14
Preparations are progressing on a draft law on lobbying, which would contribute to
strengthening transparency on contacts between high-level officials and interest
groups125. Currently, lobbying remains unregulated in Spain. The Government has recently
progressed in efforts aiming at enacting a lobbying legislation. Following the results from the
public consultation referred to in the 2021 report, the Integrity Working Group of the Open
Government Forum has advanced on the draft law, which was intended to be presented to the
Parliament in the next months2022126
. A key achievement of this draft law would be the
establishment of a mandatory public register of lobbyists127
. [The draft law is expected to
cover, among others, aspects related to the definition of interest groups; duties and
obligations of members and representatives of interest groups; a code of conduct applying to
lobbyists; limitations of revolving doors between high-level officials and interest groups; and
sanctions. The adoption of this draft law would complement positive actions already
implemented by the Spanish Parliament, such as the disclosure of contacts by members of
Parliament with third parties128
.
New whistleblower protection legislation expected to align national legislation with EU
law requirements is awaiting adoption by the Government. Spain remains without a
stand-alone legislation to ensure protection of persons reporting criminal offences including
corruption. On 4 March 2022, the Council of Ministers received a report on the draft law129
to transpose Directive (EU) 2019/1937130
, increasing the levels of protection for those who
report on corruption and other wrongdoings. This scope of the Law would cover violations of
national law, thereby going beyond the material scope of Directive (EU) 2019/1937.
The Court of Auditors has issued recommendations aimed at strengthening the legal
framework regulating funding of political parties. On 27 July 2021, the Court of Auditors
published an opinion regarding funding and financial-economic activities of political
parties131
. The opinion includes a number of recommendations related to, among others,
private donations, new ways of party financing, such as crowdfunding and microloans,
developments related to the tracing of the origin and destination of private financing, and
clarifications on the categorisation of electoral costs subject to reimbursement; for example
ensuring that rules on donations for electoral and ordinary activities are applied accordingly
or limiting donations in cash in order to document the origin of donations. Moreover, on 27
January 2022132
, the Court of Auditors formally requested the Parliament to reform the
Organic Law governing the financing of political parties133
, in particular the aspects related to
125
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 12.
126
GRECO Fifth Evaluation Round - Compliance Report, p. 8.
127
Input from Spain for the 2022 Rule of Law Report, p. 3.
128
GRECO Fifth Evaluation Round - Compliance Report, para. 44. The Parliament is publishing members’
agendas on the ‘Transparency Portal’ of the Congress and Senate, as well as tracking third party involvement
in the elaboration of legislation.
129
The urgent administrative procedure provided for in Article 27 (1) (a) of Government Law 50/1997 of 27
November on the procedure for drafting and approving the aforementioned preliminary draft law was
agreed. The draft law introduces rules on effective protection of whistleblowers with regard to possible
breaches of the EU and national law.
130
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.
131
Court of Auditors (2021), Opinion 1445 regarding funding, financial-economic activities and control of
political parties and foundations and other entities linked to political parties.
132
Court of Auditors (2022), Press release 31 January 2022, ‘The Court of Auditors agrees to request a
modification of the Organic Law on the Financing of Political Parties for the second time to the Parliament’.
133
Organic Law 8/2007, of 4 July 2007.
15
the thresholds for sanctions and the disproportionate impact on small political parties mostly
operating at local level.
Efforts have been made to assess fraud risks and to target control activities linked to
spending A specific project was carried out in 2021 by the General Controller of the State
Administration with the support of the OECD on assessing fraud risks and targeting control
activities linked to spending on recovery funding which is expected to also contribute to the
fight against corruption as the two are interlinked. Overall, the project should strengthen the
oversight and control also in terms of corruption-related activities. Specifically, the project
developed machine-learning techniques to enhance existing fraud risk assessments, focusing
on the use of data for detecting fraud risks linked to public grants and subsidies. The project
resulted in a model to detect risks, developed with specific datasets, and a mapping of
datasets to use in the future. The project also assessed the preconditions for IGAE’s adoption
of advanced analytics and data-driven risk assessments, including ways for it to improve data
governance and data management134
.
III. MEDIA PLURALISM AND MEDIA FREEDOM
The Constitution enshrines the rights to freedom of expression and media freedom135
. The
general legislative framework concerning media freedom and pluralism in Spain remains
solid and stable. An independent multi-regulatory body, the National Commission for
Markets and Competition (CNMC), assumes the role of audiovisual regulator136
.
A law on Audiovisual communication attributing new competences to the Audiovisual
regulator was adopted, while concerns on its resources remain. The Draft General Law
on Audiovisual Communication was adopted by Parliament on 26 May 2022137
. The law
provides that new competences would be attributed to the Audiovisual Sub-Directorate of the
National Commission for Markets and Competition (CNMC). Those new competences
include, among others, supervision of providers of video sharing platform services,
monitoring the compliance of the public service mission of the national public broadcaster,
new reporting obligations on media literacy and supervision of radio-on-demand services
(‘podcasts’). However, the law does not address the adequacy of resources requirement in the
Audio-Visual Media Services Directive (AVMSD)138
. This has been indicated by
stakeholders, including the CNMC itself, as problematic139
, as also indicated in the 2021 Rule
of Law Report140
. Equally, concerns as to the operational autonomy of CNMC in
organisational and functioning matters, like recruitment, salaries or staff numbers remain141
.
Three regions (Andalusia, Catalonia and Valencia) have established independent regulators,
134
OECD (2021), Countering Public Grant Fraud in Spain: Machine Learning for Assessing Risks and
Targeting Control Activities.
135
Art. 20 of the Spanish Constitution.
136
Spain ranks 32th in the 2022 Reporters without Borders World Press Freedom Index compared to 29th in the
previous year.
137
General Law on Audiovisual Communication, of 26 May 2022. To be noted that the European Commission
on 19 May 2022 had referred Spain (and four other Member States) to the Court of Justice of the European
Union over the failure to transpose the revised AVMSD.
138
Art. 30.4 AVMSD.
139
Written contribution received from the CNMC in the context of the country visit to Spain; 2022 Media
Pluralism Monitor, Country Report on Spain, p. 10; information received from the Association of Media
Users in the context of the country visit to Spain.
140
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14.
141
Information received from the CNMC in the context of the country visit to Spain.
16
while others have opted for other regulatory arrangements, such as operating as part of the
regional ministries. The law includes provisions setting up a Group of Audiovisual
Regulatory Authorities, composed of representatives at national and regional level, to foster
the exchange of expertise and best practices on the application of legislation audiovisual
communications142
.
New legal provisions on the transparency of media ownership have been adopted, while
challenges remain. As indicated in the 2020 and 2021 Rule of Law Reports143
, ownership
data is publicly accessible, but ownership information is not exhaustive (provided only for
radio and television) and there are difficulties to assess beneficial ownership. Spain has a
National Registry of Audiovisual Communication Service Providers, which can be accessed
freely by the public and contains information on owners with significant participation in the
capital of service providers. In line with the provisions in the revised AVMD, the law on
Audiovisual Communication provides that video sharing platforms have to register with the
National Registry indicating significant shares in the capital of the service providers144
and
requires that service providers publish in their web pages the information regarding
ownership shares and editorial responsibility. The supervision of these obligations is
entrusted to the CNMC145
. However, the registry is not under the responsibility of the
regulator but under that of the Ministry of Economy.
The legal framework for institutional advertising is varied and complex, while there
have been calls for a more equitable distribution of institutional advertising. Besides the
legislation concerning the national administration that was covered in 2020 Report146
, thirteen
regional laws govern institutional advertising within the regions147
. Basic common principles
applying to all administrations are established in the national Law on Advertising and
Institutional Communication148
. Independent media have urged the Government to protect the
plurality and quality of information by applying a more equitable distribution of institutional
advertising, ensuring that it benefits media that are providing public service information
according to professional quality standards149
.
A regulatory environment sustaining independent and impartial public service media is
in place. A state-wide radio and TV broadcaster, RTVE (Radio Television Española),
coexists with regional and numerous local public service media providers. The Law on State
Owned Radio and Television150
provides for the competences, system of appointment and
other aspects of the functioning of RTVE, while regional and local public service media
providers are regulated by the relevant legislation at regional level151
. The law defines public
142
Second additional provision, General Law on Audiovisual Communication, of 26 May 2022.
143
2020 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 10; 2021 Rule of Law
Report, Country Chapter on the rule of law situation in Spain, p. 14.
144
Art. 37. General Law on Audiovisual Communication, of 26 May 2022. Significant participation understood
to represent directly or indirectly: a) 3% of the capital, b) 30% of the voting rights, or less if it would allow
to designate in the 24 months following the acquisition more than half of members of the management
board.
145
Information provided by the Ministry of the Presidency in the context of the country visit to Spain.
146
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 14.
147
Information provided by the Ministry of the Presidency in the context of the country visit to Spain.
148
Law 29/2005 of 29 December 2005.
149
2022 Media Pluralism Monitor, Country Report on Spain, p. 14.
150
Law 17/2006 of 5 June 2006.
151
However, regional and local service media providers must respect the general principles established in the
General Law 7/2010 on Audiovisual Communication, which is currently under review.
17
service media as “an essential service for the community and the cohesion of democratic
societies” and amongst its objectives includes ‘favouring pluralism’152
. RTVE is managed by
a Management Board of ten members153
elected by the Parliament by a two-thirds majority
for a six-year non-renewable mandate. The candidates must be sufficiently qualified
professionals. The Court of Auditors is in charge of the financial control of RTVE. The law
also establishes the incompatibilities and the reasons for termination of the mandate of the
members of the Board, who cannot act upon instructions from other institutions or political
interests. Two additional bodies complete the governance structure in RTVE: the Advisory
Council, with 16 representatives from civil society organisations representing the plural
interests of society; and the News Council, an internal body where journalists in RTVE
monitor the independence, the objectivity and the veracity of the news.
Special financial support to digital terrestrial televisions during the COVID-19
pandemic were disbursed. This aid was granted exceptionally to digital terrestrial
televisions, which are required to cover rural areas. The aid was granted in December 2021
by the Council of Ministers after state aid notification to the Commission.
Work continues on several initiatives to strengthen access to information. The
committee154
set up in 2021155
to revise the Law on Official Secrets156
has continued its work
with the aim to review it by the end of 2022157
. The updated law is expected to make access
to official information easier for journalists and the general public. Moreover, a charter of
services of the Transparency Portal of the General State Administration has been
published158
. The charter identifies the services available in the portal, the indicators for their
evaluation, as well as the quality commitments acquired on them and the rights to access
information159
. Furthermore, Spain signed the Council of Europe’s Convention on Access to
Public Documents (Tromsø Convention) on 23 November 2021160
The Government has also
initiated the reflection and consultations on the reform of the law161
on Transparency, Access
to Public Information and Good 162
.
Journalists have continued to face some challenges in the performance of their
professional activities. The Government has continued with the implementation of the
Agreement signed in December 2020 between the Ministry of Home Affairs, the Federation
of Associations of Journalists of Spain, and the National Association of Graphic Press and
Television Informants, as reported in the 2021 Rule of Law Report163
. The purpose of the
Agreement is to facilitate the work of information professionals in places and events where
situations of violence may occur. The implementation of the agreement has been considered
152
Art. 1.1, Law 17/2006 of 5 June 2006.
153
Six by the Congress and four by the Senate.
154
Formed by the Ministries of the Presidency, Defence, Home Affairs and Foreign Affairs.
155
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 15.
156
Law 9/1968 of 5 April on official secrets.
157
Written contribution received from the Ministry of the Presidency in the context of the country visit to
Spain.
158
Resolution of the Minister of Finance and Public Administration of 21 October 2021, approving a Charter of
services of the Transparency Portal of the General State Administration.
159
Information provided by the Ministry of the Presidency in the context of the country visit to Spain.
160
Input from Spain for the 2022 Rule of Law Report, p. 40.
161
Law 19/2013 of 9 December 2013.
162
The process is expected to lead to a draft amending law being adopted by the Government in the first half of
2023.
163
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 15.
18
overall positive164
. SLAPP-related concerns were voiced over a number of speech-related
offences with respect to freedom of expression standards and possible misuse of the offence
of revelation of secret information against those reporting on corruption165
. In this context,
the Government is currently assessing a legal initiative to regulate the right of professional
secrecy of journalists, as provided in the Constitution166
and requested by journalists’
associations167
. Since the publication of last year’s Rule of Law Report, three alerts were
registered for Spain in the Council of Europe´s Platform to Promote the Protection of
Journalism and Safety of Journalists168
, relating to cyber-attacks on several media websites
and on criminal prosecutions for alleged perjury to four Spanish journalists; two out of the
three alerts had been replied by Spain.
IV. OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES
Spain is a parliamentary monarchy, with a bicameral Parliament169
. It is also a decentralised
unitary state where the State and the Autonomous Regions have both exclusive and shared
competences170
. The Constitutional Court171
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 State172
. Both
chambers of Parliament – the Congress and the Senate – have legislative competence, which
they can delegate to the Government, subject to certain limitations173
. 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.
Members of a number of constitutional bodies were appointed by Parliament, which put
an end to substantial delays. In October and November 2021, Parliament proceeded with
the appointment of members of a number of constitutional bodies, including the
Ombudsperson, a third of the members of the Constitutional Court and the board of the Court
164
Information provided by the associations of journalists (European Journalists’ Association and FAPE) in the
context of the country visit to Spain.
165
See Judit Bayer, Petra Bárd, Lina Vosyliute, Ngo Chun Luk (2021), Strategic Lawsuits Against Public
Participation (SLAPP) in the European Union, A comparative study, Country note Spain, EU-Citizen:
Academic Network on European Citizenship Rights, pp. 317 (study commissioned by the European
Commission in the context of the preparation of the SLAPP initiatives adopted on 27 April 2022;
contribution from ‘Article 19’ for the 2022 Rule of Law Report, p. 18. In addition, some media freedom
groups have expressed concerns on the launch of a SLAPP against a media outlet (Media Freedom Rapid
Response (2022), Statement coordinated by Media Freedom Rapid Response and signed by European Centre
for Press and Media Freedom, European Federation of Journalists, Free Press Unlimited, International Press
Institute, Article 19 and OBC Transeuropa).
166
Art. 20 d) of the Spanish Constitution.
167
La Moncloa – Government of Spain (2022), Press release 28 April 2022.
168
Council of Europe, Platform to promote the protection of journalism and safety of journalists, Spain.
169
It consists of the Congress of Deputies (the lower house), and the Senate (the upper house). Both are directly
elected.
170
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.
171
The Constitutional Court does not form part of the judiciary.
172
Title IX of the Spanish Constitution.
173
Art. 82 of the Spanish Constitution.
19
of Auditors174
. The appointment of these office holders has been welcomed, as there were
long delays in their appointment. The Venice Commission stressed the importance of
providing for qualified majorities for appointments of members of constitutional institutions
but has warned about the risk of stalemates and has recommended to devise effective and
solid mechanisms to minimise the risk of deadlock175
.
The Constitutional Court exercised judicial review in relation to emergency measures
taken to fight the COVID-19 pandemic. As noted in the 2021 Rule of Law Report176
, on 14
July 2021, the Constitutional Court issued a decision on the Royal Decree declaring the first
state of alarm177
. The Court did not question the measures taken by the Government to fight
the COVID-19 pandemic. However, it declared unconstitutional some provisions imposing
limitations on the freedom of movement, as it considered that such limitations should have
been taken under a “state of emergency”178
rather than under a state of alarm179
. The Court
clarified in its decision that the declaration of unconstitutionality of those provisions did not
entail an automatic right for compensation resulting from state liability. On 27 October 2021,
the Constitutional Court issued another decision in relation to the extension of the state of
alarm by Congress180
. The Court considered that the reasons provided by Congress to extend
the state of alarm for six months were not justified, as there was no certainty on the measures
that were going to be taken by the Government. Moreover, it considered that the designation
of the Autonomous Governments (Regional Governments) as competent authorities for the
implementation of the emergency measures was unconstitutional. According to the
Constitutional Court, the Congress’ decision to extend the state of alarm for six months
without reviewing the measures which could be taken by the Government and the delegation
blurred the accountability of the President of the Government and the Ministry of Health in
front of Congress, as the Presidents of the Autonomous Governments were not subject to
their political control.
The Ombudsperson continued dealing with a high number of complaints. The
Ombudsperson is the national human rights institution, accredited with A status by the UN
Global Alliance of National Human Rights Institutions (GANHRI). The number of
174
The Parliament also proceeded with the appointment of the President and the Deputy-President of the Data
Protection Agency. The appointment was suspended by the Supreme Court on 21 March 2022 (Decision of
the Supreme Court 3787/2022).
175
Venice Commission (CDL-AD(2018)015-f), para. 12. Anti-deadlock mechanisms have to discourage the
opposition from behaving irresponsibly but should not create opportunities for the majority by impossible
proposals to lead to the necessity for the application of such mechanisms. This is why they should be limited
in time and, while avoiding permanent blockages they should not aim at avoiding any blockage at all, which
can be an expression of the need for political change. Also Venice Commission (CDL-AD(2015)037-e),
para. 162. In that vein, European standards provide that it is important that a political culture is well
developed allowing for compromises between majority and opposition forces. At the same time, trade-offs,
where both sides accept less qualified candidates in exchange for the acceptance of their own less qualified
candidates, are discouraged.
176
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 17.
177
Decision 148/2021 of the Spanish Constitutional Court, 14 July 2021.
178
‘Estado de excepción’ under Spanish law.
179
Art. 116 Spanish Constitution. A state of alarm shall be declared by the Government, by means of a decree
decided upon by the Council of Ministers, for a maximum period of fifteen days. The Congress of Deputies
shall be informed and must meet immediately for this purpose. On the other hand, a state of emergency shall
be declared by the Government by means of a decree decided upon by the Council of Ministers, after prior
authorisation by the Congress of Deputies.
180
Decision 183/2021 of the Spanish Constitutional Court, 27 October 2021.
20
complaints received by the Ombudsperson in 2021 was similar than in 2020181
, which had
been significantly higher than before the COVID-19 pandemic, as highlighted in the 2021
Rule of Law Report182
. The time of reply from public administrations to queries from the
institution followed a positive trend, as it decreased from the 63 days on average in 2020 to
51 days in 2021183
.
The use of Pegasus and equivalent spyware surveillance software was subject to an
investigation by the Ombudsperson and judicial proceedings. On 24 April 2022, the
office of the Ombudsperson announced a public investigation into the use of the Pegasus and
equivalent spyware surveillance software184
. It has been revealed that a number of political
representatives, including high-ranking members of the Government185
, as well as several
lawyers186
, had been allegedly targeted by said spyware. Two judicial investigations have
also been launched187
. Under Spanish law, the use of measures such as telephone taps by
intelligence services requires prior judicial authorisation and there are additional legal
guarantees ensuring the right of privacy188
.
On 1 January 2022, Spain had 23 leading judgments from the European Court of
Human Rights pending implementation189. At that time, Spain’s rate of leading judgments
from the past 10 years that remained pending was at 61%, the average time that the
judgments had been pending implementation was 3 years and 1 month190
. The oldest leading
judgment, which became final 10 years ago, that is pending implementation, concerns the
lack of effective investigation into allegations of racially motivated ill-treatment inflicted by
police agents to the applicant191
. On 1 July 2022, the number of leading judgments pending
implementation has decreased to 22192
.
The Government is undertaking several initiatives aimed at increasing public
participation in policy-making. As referred in the 2021 Rule of Law Report193
, the
181
Defensor del Pueblo (2022), Annual Report 2021, p. 14.
182
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 18.
183
Ibid. p. 16.
184
Defensor del Pueblo (2022), Press release 24 April 2022. The investigation was aimed at ascertaining
whether the use of the software has jeopardised fundamental rights, most notably the right to privacy.
Findings were published on 18 May 2022.
185
That includes the President of the Government, several Ministers, the President of an Autonomous
Government, as well as a number of regional politicians. La Moncloa – Government of Spain (2022), Press
release 10 May 2022.
186
General Council of Spanish Lawyers (2022), Statement of 29 April 2022.
187
La Moncloa – Government of Spain (2022), Press release 10 May 2022.
188
Organic Law 2/2002, of 6 May 2002, Art. 1.
189
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.
190
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 2022. See the Contribution from the
European Implementation Network for the 2022 Rule of Law Report, p. 72.
191
Judgment of the European Court of Human Rights of 24 July 2012, B.S. v. Spain, 47159/08, pending
implementation since 2012. The judgment is pending evaluation by the Committee of Ministers of the action
plan submitted by Spain in 2019.
192
Data according to the online database of the Council of Europe (HUDOC).
193
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 16.
21
implementation of the Fourth Open Government Plan has started194
. A pilot project setting up
a participation platform open to all citizens has been carried out. The platform is expected to
become operational on 1 November 2022 and to allow launching citizen consultations,
collecting contributions on Government plans or projects open to participation and publishing
anonymous contributions, as well as reporting on ongoing participatory processes. Moreover,
work is ongoing for the establishment of “innovation labs”, which will gather representatives
from the administration and civil society to explore new ideas on the promotion, design and
implementation of public participation. These initiatives are complemented with the set-up of
a community of experts for the exchange of information and good practices195
. In addition,
the Government published a Charter of Digital Rights in July 2021, which enshrines the right
of citizen participation by digital means in policy-making and other relations with the
administration196
.
Actions aimed to reinforce the cooperation between the public administration and civil
society are being taken. Civil society space continues to be considered to be narrowed197
.
Several measures have been taken to promote cooperation between the public administration
and civil society organisations. On 10 December 2021, a collaboration agreement was signed
between the Ministry of Finance and Public Administration and the Third Sector Platform for
the inclusive communication of open government198
. This agreement focuses on the
development of initiatives for inclusive communication of the values of open government,
mainly aimed at people living in poverty, at risk of social exclusion or affected by the digital
divide due to their special vulnerability199
. A study conducted by the Coordinator of Non-
Governmental Organisations for Development200
includes a number of recommendations on
good practices in the relations between Government and NGOs, such as the establishment of
a monitoring mechanism to control the implementation of the collaboration agreement
between the Government and Civil Society Organisations. In relation to funding, the study
recommends e.g. for the Government to provide more stability in the funding of Civil Society
Organisations with the publication of a multiannual financial programme.
The reform of the Citizen Security Law continues to be discussed in Parliament. On 8
February 2022, the Council of Europe Commissioner for Human Rights sent a letter on the
Citizen Security Law201
to the Spanish Parliament202
welcoming the current review procedure
and noting the opportunity to bring the law fully in line with European standards, in particular
with the recommendations made by the Venice Commission in March 2021203
. In particular,
the letter acknowledges that a number of the proposed amendments seem to address some of
the human rights issues raised so far. However, it also points out that the reform is still not
194
Input from Spain for the 2022 Rule of Law Report, pp. 46-49.
195
The community of practice was launched on 29 November 2021 with an event in Zaragoza.
196
Government of Spain 2021, Charter of Digital Rights.
197
Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed
and closed.
198
Resolution of 10 December 2021 of the Secretary of State of Public Function.
199
Resolution of 10 December 2021 of the Secretary of State of Public Function.
200
Coordinator of Non-Governmental Organisations for Development in Spain (2022), Keys for a strategic
Government – NGO relationship in the promotion of global justice.
201
Organic Law 4/2015.
202
Letter of 8 February 2022 from the Council of Europe Commissioner for Human Rights to the Spanish
Parliament.
203
Venice Commission (CDL-AD(2021)004). The opinion highlighted that even in cases when a norm is
considered to be constitutionally acceptable, if in practice it has led to abuses it should be changed,
circumscribed, or accompanied by additional safeguards.
22
addressing important aspects affecting the rights of freedom of expression and freedom of
assembly and makes a number of recommendations to tackle these aspects204
. Stakeholders
have continued raising concerns205
about the law, as already noted in the 2021 Rule of Law
Report206
. Those concerns relate to, among others, offences in the context of meetings and
demonstrations, and the use of images or data by the police. In December 2021, the Congress
Commission of Home Affairs started discussing the reform of the Citizens Security Law207
.
Activities to promote a rule of law culture took place, in particular the launch of an
annual training programme for journalists on the Spanish justice system. The Council
for the Judiciary and Madrid’s Press Association made an agreement in August 2021 to
launch an annual training programme for journalists on the Spanish justice system208
. The
aim of the programme is to familiarise journalists with the functions and competencies of the
governing body of judges and of the courts, so that they can appropriately report on the
functioning of the justice system, thus contributing to the creation of an informed public
opinion and promoting public confidence in the administration of justice. The first edition of
the annual training course took place from 15 to 26 November 2021.
204
In particular, the letter highlights that the draft law continues to give a wide margin of discretion to law
enforcement bodies in interpreting it and allows for its potential disproportionate and arbitrary application.
In addition, the letter reflects that the administrative nature of these sanctions continues to make it difficult to
appeal them. According to the letter, the overall accountability framework of law enforcement officials
should be strengthened, including with a view to ensuring adequate oversight of the use of coercive powers
and imposed sanctions. The letter also notes that amendments of the law are not currently covering
provisions regulating sanctions on grounds such as resistance or disobedience to police officers and lack of
respect of or consideration for police officers.
205
Contribution from ENNHRI for the 2022 Rule of Law Report, p. 5; Contribution from Rights International
Spain for the 2022 Rule of Law Report, p. 10; Franet (2022), Country research - Legal environment and
space of civil society organisations in supporting fundamental rights – Spain, p. 3; Contribution from
European Civic Forum for the 2022 Rule of Law Report, pp. 18-19.
206
2021 Rule of Law Report, Country Chapter on the rule of law situation in Spain, p. 18.
207
The Government of Spain is at the moment preparing the Second Plan on Human Rights (2023-2027), in
which legal undertakings stemming from the United Nations and provisions on public policies of the
European Union Action Plan on Human Rights and Democracy 2020-2024 are taken into account. Special
attention is paid on the safeguard of freedoms of expression, peaceful assembly and demonstration.
208
Madrid’s Press Association (2021) The APM and the CGPJ launch a programme for journalists on ‘The
Justice System in Spain’; written contribution received from the Council for the Judiciary in the context of
the country visit to Spain.
23
Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2022 Rule of Law report
can be found at https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.
Anti-Corruption Prosecutor’s Office (2020), Annual Report 2019.
Anti-Corruption Prosecutor’s Office (2021), Annual Report 2020.
Article 19 (2022), Contribution from ‘Article 19’ for the 2022 Rule of Law Report.
Associations of Judges (2021), Joint press release of 13 September 2021 on the public statements of
politicians in relation to the renewal of the Council for the Judiciary
http://www.juecesdemocracia.es/2021/09/13/comunicado-conjunto-las-aajjff-ante-las-declaraciones-
responsables-politicos-renovacion-cgpj/.
Associations of Judges 2021, Joint press release of 21 November 2021 on the statements of politicians
on judicial resolutions https://www.forojudicialindependiente.es/2021/11/15/las-asociaciones-
judiciales-ante-las-manifestaciones-de-responsables-politicos-sobre-resoluciones-judiciales/.
Association of Prosecutors (2022), Contribution from the Association of Prosecutors for the 2022
Rule of Law Report.
Association of Prosecutors (2022), Contribution from the Association of Prosecutors in the context of
the country visit.
Centre for Media Pluralism and Media Freedom (2022), Media Pluralism Monitor 2022 – country
report on Spain.
Civic Platform for the Judicial Independence (2022), Contribution from Civic Platform for the
Judicial Independence for the 2022 Rule of Law Report.
Civicus, Monitor tracking civic space – Spain https://monitor.civicus.org/country/spain/.
Constitutional Court, judgment of 14 July 2021, Decision 148/2021.
Constitutional Court, judgment of 27 October 2021, Decision 183/2021.
Coordinator of Non-Governmental Organisations for Development in Spain (2022), Keys for a
strategic Government – NGO relationship in the promotion of global justice (Claves para una
relación estratégica Gobierno-ONGD en la promoción de la justicia global)
https://coordinadoraongd.org/wp-content/uploads/2022/04/Claves-relacion-Gob-
ONGD.pdf#:~:text=Claves%20para%20una%20relaci%C3%B3n%20estrat%C3%A9gica%20Gobier
no%20%E2%80%93ONGD%20en,y%20los%20donantes%20de%20referencia%20%2849%25%29%
20es%20significativa.
Council for the Judiciary (2022), Contribution from the Council for the Judiciary in the context of the
country visit.
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 (2022), Letter of 8 February 2022 from the Council of Europe Commissioner for
Human Rights to the Spanish Parliament https://rm.coe.int/letter-to-mr-jose-luis-abalos-meco-
president-of-the-interior-committee/1680a57abe.
Council of Europe, Platform to promote the protection of journalism and safety of journalists – Spain
https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1653914309287.
Council of Europe: Venice Commission (2013), Opinion on the legislation on defamation of Italy
(CDL-AD(2013)038).
Council of Europe: Venice Commission (2015), Armenia- First Opinion on the Draft Amendments to
the Constitution (Chapters 1 to 7 and 10) (CDL-AD(2015)037-e).
24
Council of Europe: Venice Commission (2018), Montenegro - Opinion on the draft law on
amendments to the law on the Judicial Council and Judges (CDL-AD(2018)015-f).
Council of Europe: Venice Commission (2020), Interim Report on the measures taken in the EU
member States as a result of the Covid-19 crisis and their impact on democracy, the Rule of Law and
Fundamental Rights (CDL-AD(2020)018-e).
Council of Europe: Venice Commission (2021), Spain - Opinion on the Citizens’ Security Law (CDL-
AD(2021)004-e).
Council of Transparency and Good Governance (2022), 2022-2025 Strategic Plan.
Council for the Judiciary (2022), Contribution from the Council for the Judiciary for the 2022 Rule of
Law Report.
Court of Auditors, Opinion 1445
Court of Auditors (2022), Press release of 31 January 2022 - The Court of Auditors agrees to request
a modification of the Organic Law on the Financing of Political Parties for the second time to the
Parliament' (‘El Tribunal de Cuentas acuerda solicitar por segunda vez a las Cortes Generales una
modificación de la Ley Orgánica sobre Financiación de Partidos Políticos’).
Defensor del Pueblo (2022), Annual Report 2021 https://www.defensordelpueblo.es/informe-
anual/informe-anual-2021/.
Defensor del Pueblo (2022), Press release 24 April 2022
https://www.defensordelpueblo.es/noticias/defensor-actuacion-pegasus/.
Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination of certain provisions
laid down by law, regulation or administrative action in Member States concerning the provision of
audiovisual media services (Audiovisual Media Services Directive) in view of changing market
realities.
Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.
Directorate-General for Communication (2022), Flash Eurobarometer 507: businesses’ attitudes
towards corruption in the EU.
Directorate-General for Communication (2022), Special Eurobarometer 523: corruption.
ENNHRI (2022), Contribution from ENNHRI for the 2022 Rule of Law Report.
European Civic Forum (2022), Contribution from European Civic Forum for the 2022 Rule of Law
Report.
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), EU Justice Scoreboard.
European Court of Human Rights, judgment of 24 July 2012, B.S. v. Spain, 47159/08.
European Federation of Journalists (2022), Contribution from the European Federation of Journalists
for the 2022 Rule of Law Report.
European Implementation Network (2022), Contribution from the European Implementation Network
for the 2022 Rule of Law Report.
Franet, University Institute of Migration Studies (2022), Country research - Legal environment and
space of civil society organisations in supporting fundamental rights – Spain, Vienna, EU Agency for
Fundamental Rights, https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-
related.
25
General Council of Spanish Lawyers (2022), Contribution from the General Council of Spanish
Lawyers in the context of the country visit.
General Council of Spanish Lawyers (2022), Statement of 29 April 2022
https://www.abogacia.es/actualidad/noticias/el-pleno-del-consejo-de-la-abogacia-emite-un-
comunicado-sobre-la-intervencion-de-las-comunicaciones-de-abogados/.
Government of Spain (2021), Fourth Open Government Action Plan for Spain 2020-2024
https://transparencia.gob.es/transparencia/dam/jcr:da5e5d7e-7862-41e6-9221-
5f29c67e188f/INFORME_SOBRE_INTEGRIDAD_PUBLICA_AGE_JUNIO2021.pdf.
Government of Spain (2021), Charter of Digital Rights
https://www.lamoncloa.gob.es/presidente/actividades/Documents/2021/140721-
Carta_Derechos_Digitales_RedEs.pdf.
Government of Spain (2021), Recovery and Resilience Plan 2021.
Government of Spain (2022), Input from Spain for the 2022 Rule of Law Report.
GRECO (2019), Fourth Evaluation Round – Second Interim Compliance Report on Spain on
corruption prevention in respect of members of parliament, judges and prosecutors.
GRECO (2021), Fourth Evaluation Round – Second Compliance Report on Spain on corruption
prevention in respect of members of parliament, judges and prosecutors.
GRECO (2021), Fifth Evaluation Round - Compliance Report on Spain on preventing corruption and
promoting integrity in central governments (top executive functions) and law enforcement agencies.
Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the Independent Judicial Forum
(2022), Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the
Independent Judicial Forum for the 2022 Rule of Law Report.
Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the Independent Judicial Forum
(2022), Contribution from the Judges and Magistrates’ Association ‘Francisco de Vitoria’ and the
Independent Judicial Forum in the context of the country visit.
Judit Bayer, Petra Bárd, Lina Vosyliute, Ngo Chun Luk (2021), Strategic Lawsuits Against Public
Participation (SLAPP) in the European Union, A comparative study, Country note Spain, EU-Citizen:
Academic Network on European Citizenship Rights
https://ec.europa.eu/info/sites/default/files/slapp_comparative_study.pdf.
Judicial Ethics Committee (2021), Opinion 1/21
https://www.poderjudicial.es/stfls/CGPJ/COMISI%C3%93N%20DE%20%C3%89TICA%20JUDICI
AL/DICT%C3%81MENES/20210513%20Dictamen%20-%20Consulta%2001-2021.pdf.
La Moncloa – Government of Spain (2022), Press release 28 April 2022
https://www.lamoncloa.gob.es/serviciosdeprensa/notasprensa/territorial/paginas/2022/280422-i-
rodriguez-ley-sec-profesional.aspx.
La Moncloa – Government of Spain (2022), Press release 10 May 2022
https://www.lamoncloa.gob.es/consejodeministros/resumenes/paginas/2022/100522-rp-
cministros.aspx.
Madrid’s Press Association (2021), Press release - The APM and the CGPJ launch a programme for
journalists on ‘The Justice System in Spain’ (La APM y el CGPJ lanzan unas jornadas para
periodistas sobre El sistema de Justicia en España) https://www.apmadrid.es/cursos/la-apm-y-el-
cgpj-lanzan-unas-jornadas-para-periodistas-sobre-el-sistema-de-justicia-en-espana/.
Media Freedom Rapid Response (2022), Statement coordinated by Media Freedom Rapid Response
and signed by ARTICLE 19, European Centre for Press and Media Freedom, European Federation of
Journalists, Free Press Unlimited, International Press Institute and OBC Transeuropa
https://www.mfrr.eu/spain-energy-company-launches-e17-6-million-slapp-lawsuit-against-el-
confidencial/.
26
Ministry of Home Affairs (2022), Written contribution from the Ministry of Home Affairs in the
context of the country visit.
Ministry of Interior (2019), 2019-2023 Strategy against Organised Crime and Serious Crime.
Ministry of Justice (2022), Written contribution from the Ministry of Justice in the context of the
country visit.
Ministry of Regional Planning and Public Administration (2021), Preventive systems of public
integrity in the General Administration of the State (Sistemas preventivos de integridad pública en la
Administración General del Estado) https://transparencia.gob.es/transparencia/dam/jcr:da5e5d7e-
7862-41e6-9221-
5f29c67e188f/INFORME_SOBRE_INTEGRIDAD_PUBLICA_AGE_JUNIO2021.pdf.
Ministry of the Presidency (2022), Written contribution from the Ministry of the Presidency in the
context of the country visit.
National Commission for Markets and Competition (2022), Written contribution from the National
Commission for Markets and Competition in the context of the country visit.
National Police (2013), Code of Ethics 2013.
OECD (2021), Countering Public Grant Fraud in Spain: Machine Learning for Assessing Risks and
Targeting Control Activities https://doi.org/10.1787/0ea22484-en.
OECD (2021), Enhancing Public Accountability in Spain Through Continuous Supervision
(https://doi.org/10.1787/825740cc-en).
Office of the Prosecutor General (2022), Written contribution from the Office of the Prosecutor
General in the context of the country visit.
Poder Judicial (2021), Speech of the President of the Supreme Court and the Council for the Judiciary
for the opening of the judicial year, 6 September 2021
https://www.poderjudicial.es/stfls/SALA%20DE%20PRENSA/DOCUMENTOS%20DE%20INTERE
S/Apertura%20del%20a%C3%B1o%20judicial%206%20sep%202021.%20Discurso%20Presidente%
20del%20TS%20y%20del%20CGPJ.pdf .
Poder Judicial (2022), Press Release 18 March 2022 https://www.poderjudicial.es/cgpj/es/Poder-
Judicial/Noticias-Judiciales/El-Tribunal-Supremo-inadmite-una-querella-contra-la-Ministra-de-
Derechos-Sociales-y-Agenda-2030-por-un-delito-de-calumnias.
Professional Association of the Magistracy (2022), Contribution from the Professional Association of
the Magistracy for the 2022 Rule of Law Report.
Prosecution Council (2020), Press Release – (The State Attorney General promotes before the
associations a plan to face the challenge of the reform of the Code of Criminal Procedure) (La Fiscal
General del Estado impulsa ante las asociaciones un plan para afrontar el reto de la reforma
procesal) https://www.fiscal.es/-/la-fiscal-general-del-estado-impulsa-ante-las-asociaciones-un-plan-
paraafrontar-el-reto-de-la-reforma-procesal.
Reporters without Borders – Spain https://rsf.org/en/country/spain.
Rights International Spain (2022), Contribution from Rights International Spain for the 2022 Rule of
Law Report.
Secretary of State of Public Function (2021), Resolution of 10 December 2021.
Supreme Court (2021), Speech of the President of the Supreme Court and the Council for the
Judiciary for the opening of the judicial year on 6 September 2021
https://www.poderjudicial.es/cgpj/es/Poder-Judicial/En-Portada/El-presidente-del-TS-y-del-CGPJ-
reivindica-la-independencia-judicial-como-garantia-de-la-democracia.
Supreme Court, Decision 3787/2022.
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Technical Cabinet of the Supreme Court (2021), Report on the current and future impact of the lack
of renewal of vacant posts of Magistrates of the Supreme Court
https://www.poderjudicial.es/stfls/TRIBUNAL%20SUPREMO/DOCUMENTOS%20DE%20INTER
%C3%89S/INFORME%20FALTA%20DE%20COBERTURA%20DE%20LAS%20VACANTES%2
0TS_.pdf.
Transparency International (2022), Corruption Perceptions Index 2021.
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Annex II: Country visit to Spain
The Commission services held virtual meetings in March 2022 with:
 Association of ‘Abogados del Estado’
 Association of Media Users
 Association of Prosecutors
 Civic Platform for the Judicial Independence
 Civil Guard
 College of Registrars
 Constitutional Court
 Coordinator of Non-Governmental Organisations for Development in Spain
 Court of Auditors
 European Journalists’ Association
 FAPE
 Foundation ‘Hay Derecho’
 General Council of Spanish Lawyers
 General Council for the Judiciary
 IGAE
 Independent Judicial Forum
 Judges and Magistrates’ Association “Francisco de Vitoria”
 Judges for Democracy
 Madrid Press Association
 Ministry of Economy
 Ministry of Foreign Affairs
 Ministry of Home Affairs
 Ministry of Justice
 Ministry of Finance
 Ministry of the Presidency
 National Commission of Markets and Competition
 National Police
 Office of Conflict of interests
 Ombudsperson’s Cabinet
 Platform in Defense of Freedom of Information
 Platform “Tercer Sector”
 Professional Association of the Magistracy
 Progressive Union of Prosecutors
 Representatives of Congress and Senate
 Rights International Spain
 RTVE
 Prosecutor's Office Against Corruption and Organised Crime
 Supreme Court
 Technical Cabinet of the Prosecutor General’s Office
 Transparency Council
 Transparency International España
* The Commission also met the following organisations in a number of horizontal meetings:
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 Amnesty International
 Article 19
 Civil Liberties Union for Europe
 Civil Society Europe
 European Centre for Press and Media Freedom
 European Civic Forum
 European Federation of Journalists
 European Partnership for Democracy
 European Youth Forum
 Free Press Unlimited
 Human Rights Watch
 ILGA Europe
 International Federation for Human Rights (FIDH)
 International Press Institute
 Open Society European Policy Institute ( OSEPI)
 Osservatorio Balcani e Caucaso Transeuropa
 Philea
 Reporters Without Borders
 Transparency International Europe