Strasbourg – The sixth edition of the annual Rule of Law report, which assesses the situation in each EU country, criticizes Spain for failing to initiate a national anti-corruption strategy and notes that the Constitutional Court has approved the amnesty law.
The report acknowledges advancements in the renewal of the General Council of the Judiciary (CGPJ) and urges ongoing efforts regarding the statute of the Attorney General.
Overall, this year’s report indicates a “positive trajectory” in many member states, highlighting significant reforms in the four main areas it addresses: justice, anti-corruption measures, press freedom, and institutional checks and balances, as emphasized by the European Commission.
Brussels pointed out that member states have adhered fully or partially to a significant portion of the 2024 recommendations.
Key points regarding Spain include:
Anti-corruption framework
The report references a recent Eurobarometer indicating that 40% of surveyed Spanish companies believe that corruption has hindered their chances of securing public tenders or contracts in the last three years, nearly double the 21% reported last year.
It states that the primary concerns relate to “alleged irregularities in contract awarding,” followed by “allegations of corrupt practices and claims pertaining to contract execution.”
Brussels criticizes Spain for not beginning work on a national anti-corruption strategy initially planned for 2024 but acknowledges some progress in addressing high-level corruption by reducing investigation durations.
Additionally, it emphasizes that “public procurement, political party financing, infrastructure projects, and public service contracts are key sectors with a high risk of corruption.”
The report calls for “intensifying efforts to tackle challenges related to investigation durations and judicial processes, enhancing the efficiency of managing high-level corruption cases, including finalizing the reform of the Criminal Procedure Code.”
Another recommendation for Spain is to “advance the legislative process to enhance rules on conflicts of interest and asset declarations for individuals in high executive positions, along with further strengthening the independence and punitive capabilities of the Office of Conflicts of Interest.”
Amnesty law
The European Commission notes the Constitutional Court’s endorsement of the amnesty law, reminding that the Court of Justice of the European Union (CJEU) will rule on the matter following hearings scheduled for next Tuesday in Luxembourg.
“The Constitutional Court has deemed the amnesty law compatible with the Constitution, and four preliminary questions have been posed to the Court of Justice of the European Union,” the report highlights.
Brussels recalled its examination of the regulation in the context of European law, stating that the law “appears to constitute a self-amnesty,” though it asserted that “there does not appear to be a sufficient connection link” between the procés and the EU’s financial interests.
In the 27-page document on the state of the Rule of Law in Spain, Brussels devotes a paragraph to the amnesty law, noting that the regulation “has sparked considerable controversy,” as indicated by the Venice Commission, and has already been applied to over 300 individuals.
Judicial system
The report includes data from a recent Eurobarometer revealing that the perceived level of judicial independence in Spain remains “low” among the general population, rising to “medium” among businesses.
It acknowledges progress on previous recommendations regarding the renewal of the General Council of the Judiciary (CGPJ) and the Attorney General, encouraging ongoing efforts in these areas.
Regarding the Attorney General, the report advises Spain to continue strengthening this position “particularly concerning the separation of its mandate from that of the Government, considering European standards on independence and autonomy of the Prosecutor’s Office.”
It also addresses the situation of the State Attorney General, Álvaro García Ortiz, who “is undergoing judicial proceedings” following a request for prosecution related to “alleged leaking of confidential information concerning a tax fraud case.”
The report also refers to the protests by judges and prosecutors that “reflect the tensions surrounding proposed judicial reforms,” according to the European Commission.
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