EUROPAM

European Public Accountability Mechanisms

Spain

Country score (European Average*)
  • 57(66) Political Financing
  • 39(50) Financial Disclosure
  • 22(40) Conflict of Interest
  • 57(56) Freedom of Information
  • 52(63) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)33306.37
Population, total46443959.00
Urban population (% of total)79.80
Internet users (per 100 people)80.56
Life expectancy at birth (years)83.38
Mean years of schooling (years)9.8
Global Competitiveness Index4.7
Sources: World Bank, UNDP, WEF.

Political Financing

The Organic Law on Political Parties (2002) and the Organic Law on Funding of Political Parties (2007, amended 2015) are the main laws regulating the financing of political parties in Spain.

There are some limits on the private income of political parties. There are no bans on donations from foreign entities or trade unions. There are bans on donations from corporations and anonymous donors. There are limits on donations received both during and outside of election periods.

Public funding is available for parties and is allocated on the basis of representation in the elected body and the share of seats in the previous election. The funding is made available unconditionally and thus can be used for campaign spending and party activities. There is additional funding available for security expenses. Subsidizes media access is available and allocated on the basis of the share of seats and the share of votes in the preceding election. Other indirect forms of public funding include premises for campaign materials, space for campaign materials, tax relief and subsidized postage costs.

For regulation on spending, there is a ban on vote buying but no band on state resources being used in favour or against a political party or candidate. There are limits on what a party can spend.

Parties are required to keep accounts which must be made public and must reveal the identity of donors. Accounts are overseen by the Court of Auditors. There are sanctions for breaches of the provisions of the law in the form of fines.


Quantitative Data

Primary Metric

2012201520162017Trend
Bans and limits on private income44443939
Public funding62626262
Regulations on spending50505050
Reporting, oversight and sanctions75757575

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? No. Art.7 (1). Political parties may receive donations for unspecified purposes from foreign persons, in accordance with the limits, requirements and conditions established in this Law with regard to private contributions, and provided that the requirements established in the legislation in force on the control of foreign exchange and movement of capital are met. Art. 7 (2). Political parties may not accept any funding from foreign governments and agencies, entities or foreign public companies or from companies directly or indirectly related to them. ( Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 7.)
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Art. 5 (1) Political parties may not accept or receive directly or indirectly: […] c) donations from legal persons and entities without legal personality. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 5 (1) c))
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? No. According to article 7 (2), "Political parties may not accept any funding from foreign governments and agencies, entities or foreign public companies or from companies directly or indirectly related to them." No mention of national corporations with government contracts. According to article 4(2)(b), "Political parties may not accept or receive donations from physical persons that, conducting their economic and professional activities, are part of an ongoing contract provided in the legislation of the public sector contracts." No mention of corporations or legal persons. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 7 (2) and 4(2)(b))
Is there a ban on donations from corporations of partial government ownership to political parties? No. According to article 7 (2), "Political parties may not accept any funding from foreign governments and agencies, entities or foreign public companies or from companies directly or indirectly related to them." No mention of national corporations with government contracts. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 7 (2))
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? No. Absent from legal framework
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. Political parties may not accept or receive, directly or indirectly: 1. Anonymous donations. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 5)
Is there a ban on anonymous donations to candidates? No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. There is a ban on resources given or received by state or corporations with governmental ownership to candidates or political parties, exceeding the amount of regulated public funding established by law Art. 128 "It is prohibited any contribution to the election fund accounts from any Administration or public corporation, parastatal or autonomous body of public sector companies whose ownership belongs to the State, the autonomous regions, provinces or municipalities and companies of mixed economy, as well as companies through current contract, provide services or supplies or works made for any of the government. " (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 128)
Is there a ban on any other form of donation? Yes. Political parties may not accept, directly or indirectly, third parties effectively assuming the cost of their acquisitions of goods, works or services or any other expense incurred in their activity. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 4(3))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. ctly or indirectly: a) […]; b) donations form the same person exceeding 50,000 euros per year; c) […]. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 5)
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. Art 129 "10,000 euros" (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 129)
Is there a limit on the amount a donor can contribute to a candidate? No. Absent from legal framework

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. Two. These subsidies are to be distributed according to the number of seats and votes obtained by each political party in the most recent elections to the Congress of Deputies. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. One. The state shall grant political parties with representation in the Congress of Deputies unconditioned annual subsidies to meet their operating expenses, which shall be charged to the national budgets. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(1))
Eligibility criteria for direct public funding to political parties: Participation in election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of candidates No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in previous election Yes. Two. These subsidies are to be distributed according to the number of seats and votes obtained by each political party in the most recent elections to the Congress of Deputies. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. To assign the above-mentioned subsidies, the respective budget allocation shall be divided into three equal amounts. One is to be distributed in proportion to the number of seats obtained by each political party in the most recent elections to the Congress of Deputies, and the other two are to be divided in proportion to all the votes obtained by each party in said elections. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Allocation calculations for direct public funding to political parties: Equal No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to seats received Yes. To assign the above-mentioned subsidies, the respective budget allocation shall be divided into three equal amounts. One is to be distributed in proportion to the number of seats obtained by each political party in the most recent elections to the Congress of Deputies, and the other two are to be divided in proportion to all the votes obtained by each party in said elections. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(2))
Allocation calculations for direct public funding to political parties: Flat rate by votes received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Ongoing party activities Yes. One. The state shall grant political parties with representation in the Congress of Deputies unconditioned annual subsidies to meet their operating expenses, which shall be charged to the national budgets. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(1))
Earmarking provisions for direct public funding to political parties: Intra-party institution Yes. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other Yes. Likewise, an annual allocation may be included in the national budgets to meet the security expenses incurred by political parties in performing their political and institutional activity. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 3(1))

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats Yes. Art 61 refers to the total amount of votes obtained by each party in previous elections. Share of seats is not explicitly mentioned although usually correspond to the share of votes obtained (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 61)
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election Yes. Art. 61"The distribution of free airtime for electoral propaganda is made according to the total number of votes obtained by each party, federation or coalition in the previous equivalent elections." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 61)
Allocation criteria for free or subsidized access to media for political parties: Other No. Article 64 establishes the criteria for access to media for political party for election campaign Art.64 "1. The distribution of free time each electoral propaganda in media and public ownership in the various areas of programming that they have, is made according to the following scale: a) Ten minutes for parties, federations and coalitions who did not attend or did not obtain representation in the previous equivalent elections. b) Fifteen minutes for parties, federations and coalitions who obtain representation in the previous equivalent elections, had not reached 5 per 100 of the total valid votes cast in the country or, where appropriate, in the constituencies makes Article 62 reference. c) Thirty minutes for parties, federations and coalitions who obtain equivalent representation in previous elections, have reached between 5 and 20 per l00 of the total votes referred to in paragraph b). d) Forty-five minutes for parties, federations and coalitions who obtain representation in the previous equivalent elections, had reached at least 20 per 100 of the total of votes referred to in paragraph b). 2. The right to free broadcast time listed in the previous paragraph applies only to those parties, federations or coalitions nominate candidates in more than 75 100 constituencies within the scope of disclosure or, where appropriate, Programming the respective medium. For the municipal elections will be as provided in the special provisions of this Act. 3. The parties, associations, federations or coalitions that do not meet the requirements for applications laid down in the previous paragraph are, however, entitled to fifteen minutes of general programming broadcast on national media if they had won in the previous elections equivalent to 20 100 votes cast in the context of an Autonomous Community in time conditions similar to those agreed for emissions parties, federations and coalitions 1.d) section of this article refers to. In this case the issue shall be limited to the territorial scope of that Community. This right is not cumulative to that provided above. 4. The groups of voters that federate for propaganda in the media of public ownership will be entitled to ten minutes broadcasting, if they meet the requirement for applications required in paragraph 2 of this Article. " (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 64)
Are there provisions for free or subsidized access to media for candidates? No. Absent from legal framework

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings Yes. Art.54.3 "must reserve official premises and public places free for holding election campaign activities." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 54)
Provisions for any other form of indirect public funding: Space for campaign materials Yes. Art.60.2 "During the election campaign the parties, federations, coalitions and groups that attend the elections are entitled to free propaganda spaces in television stations and radio in public ownership as provided in the following articles." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 60)
Provisions for any other form of indirect public funding: Tax relief Yes. A number of tax incentives and exemptions. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 10 & 11.)
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost Yes. Discount postage rates for campaign mailing and campaign hoarding (billboards), and public meeting rooms are provided free of charge by municipalities during election campaigns. (Organic Law No. 5 on the General Election Regime, 1985, amended 2016)
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? No. Absent from legal framework
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Art. 5 "Nobody can be forced or coerced under any circumstances in the exercise of their right to vote" (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 5)
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? Yes. General elections: Art. 175 "The state subsidizes the expenses arising electoral activities in accordance with the following rules: a) 21,167.64 per seat obtained in Congress of Deputies or the Senate. b) 0.81 euros for each of the votes obtained by each candidate to Congress, one of whom at least, would have obtained Deputy seat. c) 0.32 euros for each of the votes obtained by each candidate having obtained seat of Senator. 2. For elections to Parliament or any of its chambers, the limit of election expenses shall be the result of multiplying by 0.37 the number of inhabitants euros corresponding to the legal population of the districts where each present their candidacies party, federation, coalition or grouping. 3. In addition to the subsidies referred to in previous sections, the state will subsidize parties, federations, coalitions or groups election expenses incurred by direct shipment and staff voters envelopes and ballots or electoral propaganda and advertising according to the following rules: a) 0.18 euros per voter in each of the constituencies in which list has been submitted to the Congress of Deputies and the Senate, shall be paid provided that the candidate had obtained the reference number of deputies or senators or votes necessary for constitute a parliamentary group in both houses". - European Parliament elections: Art. 227 "The State subsidizes the expenses arising electoral activities in accordance with the following rules: a) 32,508.74 euros for each seat obtained. b) 1.08 euros for each of the votes obtained by each candidate, one of whom, at least, would have obtained Deputy seat. 2. For the elections to the European Parliament, the limit of election expenses shall be the result of multiplying by 0.19 the number of inhabitants euros corresponding to the legal population in the electoral districts where it was requested that the diffusion takes place the ballots. 3. In addition to the subsidies referred to in previous sections, the state will subsidize parties, federations, coalitions or groups election expenses incurred by direct shipment and staff voters in at least one region, envelopes and or electoral propaganda and electoral publicity in accordance with the following rules ballots: a) 0.13 per elector will be paid, provided that the candidate has obtained at least one deputy and at least 15 of the 100 valid votes cast. b) 0.09 euros per voter is paid, provided that the candidate has obtained at least one deputy and at least 6 per 100 of the valid votes cast. c) EUR 0,025 per voter is paid, provided that the candidate has obtained at least one deputy and at least 3 per 100 of the valid votes cast. d) 0.016 euros per voter shall be paid, provided that the candidate has obtained at least one deputy and at least 1 100 of the valid votes cast." - Municipal elections: Art. 193 "The state subsidizes the expenses arising electoral activities in accordance with the following rules: a) 270.90 euros per councilor elected. b) 0.54 euros for each of the votes obtained by each candidate, one of whom, at least, would have been proclaimed councilor. 2. For the municipal elections the limit of election expenses shall be the result of multiplying by 0.11 euros the number of inhabitants for stocks right of the districts where each party present their candidacies, federation, coalition or grouping. For each province, those who attend the elections in at least 50 of its 100 municipalities, may also spend another 150,301.11 euros for each of the provinces where they meet the aforementioned condition. 3. In addition to the subsidies referred to in previous sections, the state will subsidize parties, federations, coalitions or groups election expenses incurred by direct shipment and staff voters envelopes and ballots or electoral propaganda and advertising according to the following rules: a) 0.18 euros per voter in each of the districts in which they have obtained representation in local corporations in question, will be paid provided that the reference had submitted nomination lists 50 100 municipalities with more 10,000 inhabitants of corresponding province and has obtained at least 50 representation in 100 of them." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016)
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. One. Political parties must keep detailed ledger books of accounts in a way that they always show the political party’s financial situation and its compliance with the obligations established in this Law. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 14(1))
Do political parties have to report on their finances in relation to election campaigns? Yes. Art. 133 "Among the 100-125 days after the elections, parties, federations, coalitions and groups that have achieved the requirements for state grants or who have applied advances against them, presented to the Court of Auditors, a detailed and documented their income and election spending accounting." (Organic Law No. 5 on the General Election Regime, 1985, amended 2016, Art 133)
Do candidates have to report on their campaign finances? No. Absent from legal framework
Is information in reports from political parties and/​or candidates to be made public? Yes. Art.16 (5) The report shall be submitted to the Parliament and subsequently published in the Official State Gazette. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 16(5))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Art. 14 (3). In any case, the report is to include a list of the public subsidies and the private donations [...] received from natural or legal persons, specifically providing the identification details of each donor and the amount of the capital received. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 14(3))
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency Yes. Art. 16(1). The Court of Auditors is exclusively responsible for controlling the economic-financial activities of political parties […]. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 16(1))
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Court No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Other Yes. Art.15. Political parties must have an internal control system in place that guarantees the adequate audit and reporting of all the acts and documents from which rights and obligations of an economic nature are derived, in accordance with their articles of association. The report resulting from the internal review should be attached to the documentation submitted to the Court of Auditors. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 15)

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency yes. Art. 16(1). The Court of Auditors is exclusively responsible for controlling the economic-financial activities of political parties […]. (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 16(1))
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. Art.17a (1). a) For the infractions provided in art.17 paragraph 2, letter a), a penalty of two up to five times the amount that exceed the permitted limits, the amount accepted by the third or the amount condoned is imposed. b) For the infractions provided in art.17 paragraph 2, letter b), a penalty of two up to five times the overspending is imposed. c) For the infractions of art.17 paragraph 2, letter c), a penalty of 50,000 up to 100,000 euros is imposed. In any case the penalties provided in letter a) and b) shall not exceed 50,000 euros. Art.17a (2). a) For the infractions provided in art. 17 paragraph 3, letter a), a penalty of 25,000 up to 50,000 euros and a penalty equivalent to 100% of the net profit earned by the commercial activities are imposed. b) For the infractions provided in art.17 paragraph 2, letter b), a penalty of two up to five times the overspending occured but not less than 25,000 euros is imposed. c) For other serious offences a penalty of 10,000 to 50,000 euros is imposed. Art.17a (3). a) For the infractions provided in art.17 paragraph 3, letter a), a penalty of 5,000 up to 10,000 euros is imposed. b) For the infractions provided in art.17 paragraph 3, letter b), a penalty of two up to five times the overspending occured but not less than 5,000 euros is imposed. [...] (Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015, Art 17(a))
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal No. Absent from legal framework
Sanctions for political finance infractions: Forfeiture No. Absent from legal framework
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2017


Legislation

Organic Law No. 8 on Funding of Political Parties, 2007, amended 2015 (Spanish)pdf
Organic Law No. 5 on the General Election Regime, 1985, amended 2016 (Spanish)pdf

Financial Disclosure

The Law 5/2006 regulating the conflicts of interest of members Government and Senior Officers General Administration regulates the majority of financial disclosure requirements for public officials in Spain. Ministers, Members of Parliament, and Civil Servants disclose real estate, movable assets, cash, and shares of a value above EUR 100,000. Holdings by family members must be included so long as they amount to EUR 100,000 or more. Additionally, public officials disclose any profession they pursued in the two years before taking office. Only Members of Parliament and Civil Servants also disclose income from outside employment or income-producing assets.

All public officials make their statements upon taking and leaving office, and submit updates immediately whenever changes arise. While late filling is punishable by reprimand, failing to make financial disclosure statements or making false disclosures is published in the official gazette. Beyond this, sanctions for making false statements may include the non-receipt of compensation or dismissal from public office. The Office of conflict of interest in the Ministry of Public Administration serves as depository body for all public officials. It also verifies submissions and their accuracy, and enforces financial disclosure law. All disclosure statements are made public annually in the official state bulletin.

(Note: The Head of State is a monarch and thus exempted from disclosure laws.)


Quantitative Data

Primary Metric

2012201520162017Trend
Disclosure items61343434
Filing frequency75383838
Sanctions100505050
Monitoring and Oversight75505050
Public access to declarations75382525

Alternative Metric

2012201520162017Trend
Head of State77000
Ministers77827777
Members of Parliament77858080
Civil servants77000

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Head of state is a monarch. Legal provisions do not apply.
Income and Assets
Real estate No. Head of state is a monarch. Legal provisions do not apply.
Movable assets No. Head of state is a monarch. Legal provisions do not apply.
Cash No. Head of state is a monarch. Legal provisions do not apply.
Loans and Debts No. Head of state is a monarch. Legal provisions do not apply.
Income from outside employment/assets No. Head of state is a monarch. Legal provisions do not apply.
Incompatibilities
Gifts received as a public official No. Head of state is a monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is a monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is a monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is a monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is a monarch. Legal provisions do not apply.
Post-employment No. Head of state is a monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is a monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is a monarch. Legal provisions do not apply.
Concurrent employment of family members in public sector No. Head of state is a monarch. Legal provisions do not apply.

Filing frequency

Filing required upon taking office No. Head of state is a monarch. Legal provisions do not apply.
Filing required upon leaving office No. Head of state is a monarch. Legal provisions do not apply.
Filing required annually No. Head of state is a monarch. Legal provisions do not apply.
Ad hoc filing required upon change in assets or conflicts of interest No. Head of state is a monarch. Legal provisions do not apply.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Head of state is a monarch. Legal provisions do not apply.
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Head of state is a monarch. Legal provisions do not apply.
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Head of state is a monarch. Legal provisions do not apply.

Monitoring and Oversight

Depository body explicitly identified No. Head of state is a monarch. Legal provisions do not apply.
Enforcement body explicitly identified No. Head of state is a monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying submission No. Head of state is a monarch. Legal provisions do not apply.
Some agency assigned responsibility for verifying accuracy No. Head of state is a monarch. Legal provisions do not apply.

Public access to declarations

Public availability No. Head of state is a monarch. Legal provisions do not apply.
Timing of information release specified No. Head of state is a monarch. Legal provisions do not apply.
Location(s) of access specified No. Head of state is a monarch. Legal provisions do not apply.
Cost of access specified No. Head of state is a monarch. Legal provisions do not apply.

Ministers

Disclosure items

Spouses and children included in disclosure Yes. spouses and family members up to a second degree but its not mandatory if they holdings don't exceed 100,000 euros (Article 18, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Income and Assets
Real estate Yes. declaration of goods and assets (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Movable assets Yes. the movable assets the may posess (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Cash Yes. the values and financial assets (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Loans and Debts No. Absent from legal framework
Income from outside employment/assets No. Absent from legal framework
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings Yes. but not mandatory if their value is less than 100,000 euro (Article 18, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm Yes. Obliged to make an statement of profesional activities during two previous years (Article 16, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. 3 months max after taking office (Article 17, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Filing required upon leaving office Yes. 3 months max after leaving office (Article 17, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest Yes. the declaration should be filled 3 months after starting the activity and on every time the interested part starts an activity (Article 16, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. its considered as a minor infraction and punsihed by repriand (Articles 25 and 26, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. (Articles 25 and 26, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. In addition santcions may include dismissal from public office, the non-receipt of compensation, and the obligation to return anything that was overpayed in connection with the false declaration. (Articles 25 and 26, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))

Monitoring and Oversight

Depository body explicitly identified Yes. the office of conflict of interest in the ministry of public administration (Article 19, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Enforcement body explicitly identified Yes. the office of conflict of interest (Article 19, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Some agency assigned responsibility for verifying submission Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (...) (Article 23, Law 3/2015 regulating high level offices within the General State Administration (repealing Royal decree n.432/2009))
Some agency assigned responsibility for verifying accuracy Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (...) (Article 23, Law 3/2015 regulating high level offices within the General State Administration (repealing Royal decree n.432/2009))

Public access to declarations

Public availability Yes. Art.21 (2). The electronic register of the activities shall be public (...). Art.21 (3). The electronic register of the assets and financial rights shall be confidential except for the person concernred and the following organs: (...). Art.21 (5). The content of the statements of assets and financial rights (...) will be published in the "official gazzette" within the terms provided under this Act. (Article 21, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Timing of information release specified No. Absent from legal framework
Cost of access specified No. Absent from legal framework

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. spouses and family members up to a second degree but its not mandatory if they holdings don't exceed 100,000 euros (Article 18, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Income and Assets
Real estate Yes. declaration of goods and assets (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Movable assets Yes. the movable assets the may posess (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Cash Yes. the values and financial assets (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Loans and Debts Yes. the values and financial assets that can be traded (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Income from outside employment/assets Yes. the movable assets the may posess (Article 17 and Section II of the preamble of Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006); Model 6 and 7, Annex of Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015.)
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings Yes. but not mandatory if their value is less than 100,000 euro (Article 18, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm Yes. but obligued to make an statement of profesional activities during two previous years (Article 16, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office Yes. 3 months max after taking office (Article 17, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Filing required upon leaving office Yes. 3 months max after leaving office (Article 17, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest Yes. the declaration should be filled 3 months after starting the activity and on every time the interested part starts an activity (Article 16, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. its considered as a minor infraction and punsihed by repriand (Articles 25 and 26, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. (Articles 25 and 26, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Its considered as serious infraction meaning it is published in the "official gazette", if the offense involves a private company the company is henceforth forbidden to contract with the public sector. In addition sanctions may include dismissal from public office, the non-receipt of compensation, and the obligation to return anything that was overpayed in connection with the false declaration. (Articles 25 and 26, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))

Monitoring and Oversight

Depository body explicitly identified Yes. the office of conflict of interest in the ministry of public administration (Article 19, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Enforcement body explicitly identified Yes. the office of conflict of interest (Article 19, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Some agency assigned responsibility for verifying submission Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (…) (Article 23, Law 3/2015 regulating high level offices within the General State Administration (repealing Royal decree n.432/2009))
Some agency assigned responsibility for verifying accuracy Yes. Art.23. The financial situation of each official will be reviewed by the Office of Conflict of interest to verify: a) the compliance with the obligations under this Act; b) the existence of evidence of unjustified enrichment (…) (Article 23, Law 3/2015 regulating high level offices within the General State Administration (repealing Royal decree n.432/2009))

Public access to declarations

Public availability Yes. Art.21 (2). The electronic register of the activities shall be public (...). Art.21 (3). The electronic register of the assets and financial rights shall be confidential except for the person concernred and the following organs: (...). Art.21 (5). The content of the statements of assets and financial rights (...) will be published in the "official gazzette" within the terms provided under this Act. (Article 21, Law 3/2015 regulating high level offices within the General State Administration (repealing Law n.5/2006))
Timing of information release specified No. Absent from legal framework
Cost of access specified No. Absent from legal framework

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework
Income and Assets
Real estate No. Absent from legal framework
Movable assets No. Absent from legal framework
Cash No. Absent from legal framework
Loans and Debts No. Absent from legal framework
Income from outside employment/assets No. Absent from legal framework
Incompatibilities
Gifts received as a public official No. Absent from legal framework
Private firm ownership and/or stock holdings No. Absent from legal framework
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework
Holding government contracts No. Absent from legal framework
Board member, advisor, or company officer of private firm No. Absent from legal framework
Post-employment No. Absent from legal framework
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework
Participating in official decision-making processes that affect private interests No. Absent from legal framework
Concurrent employment of family members in public sector No. Absent from legal framework

Filing frequency

Filing required upon taking office No. Absent from legal framework
Filing required upon leaving office No. Absent from legal framework
Filing required annually No. Absent from legal framework
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) No. Absent from legal framework
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) No. Absent from legal framework

Monitoring and Oversight

Depository body explicitly identified No. Absent from legal framework
Enforcement body explicitly identified No. Absent from legal framework
Some agency assigned responsibility for verifying submission No. Absent from legal framework
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework

Public access to declarations

Public availability No. Absent from legal framework
Timing of information release specified No. Absent from legal framework
Location(s) of access specified No. Absent from legal framework
Cost of access specified No. Absent from legal framework

Qualitative data for 2017


Legislation

Law 3/2015 Regulating high level offices within the General State Administration, 2015 (Spanish)pdf
Order HAP / 1176/2015 of 15 June, concerning the formats of the declarations and communications of Law 3/2015 (Spanish)pdf

Conflict of Interest

Spanish laws governing conflicts of interests are relatively similar for all public officials, though specified in different laws. Ministers and Civil Servants are obliged to generally alleviate any situations constituting a conflict of interests, and may not accept gifts or pursue any other professional or commercial employment. This would include the ownership of private or public companies, holding government contracts or holding board membership. These regulations are made in the Constitution (1978, last amended 2011), the Law on Transparency, access to information and good governance (2013), and the Law on Incompatibilities for employees in the public sector (1985, last amended 2011), amongst others. The Electoral Law (1985, last amended 2016) makes the same restriction preventing MPs from being chairmen, directors, managers or indirect participators in private companies. No further restrictions apply to MPs.

Meanwhile, no sanctions are specified for any kind of violation of laws governing conflicts of interests. No monitoring or enforcement body is specified for MPs. However, the Board of Transparency and Good Governance offers training and makes recommendations for Ministers and Civil Servants. Here, too, no enforcement body is specified.

(Note: The Head of State is a monarch and thus exempted from conflicts of interests laws.)


Quantitative Data

Primary Metric

2012201520162017Trend
Restrictions38434343
Sanctions25000
Monitoring and Oversight25252525

Alternative Metric

2012201520162017Trend
Head of State0000
Ministers30373737
Members of Parliament17171717
Civil servants70373737

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Head of state is a monarch. Legal provisions do not apply.
Accepting gifts No. Head of state is a monarch. Legal provisions do not apply.
Private firm ownership and/or stock holdings No. Head of state is a monarch. Legal provisions do not apply.
Ownership of state-owned enterprises (SOEs) No. Head of state is a monarch. Legal provisions do not apply.
Holding government contracts No. Head of state is a monarch. Legal provisions do not apply.
Board member, advisor, or company officer of private firm No. Head of state is a monarch. Legal provisions do not apply.
Post-employment No. Head of state is a monarch. Legal provisions do not apply.
Simultaneously holding policy-making position and policy-executing position No. Head of state is a monarch. Legal provisions do not apply.
Participating in official decision-making processes that affect private interests No. Head of state is a monarch. Legal provisions do not apply.
Assisting family or friends in obtaining employment in public sector No. Head of state is a monarch. Legal provisions do not apply.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Head of state is a monarch. Legal provisions do not apply.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Head of state is a monarch. Legal provisions do not apply.
Enforcement body specified (sanctions, hearings) No. Head of state is a monarch. Legal provisions do not apply.

Ministers

Restrictions

General restriction on conflict of interest Yes. Members of government must perform their activity with full respect for the rules on incompatibility and conflicts of interest. (Art. 26.2 Law 19/2013 on Transparency, access to information and good governance, 2013)
Accepting gifts Yes. Members of government may not accept gifts that exceed functions of social politeness. (Art. 26.2 Law 19/2013 on Transparency, access to information and good governance, 2013)
Private firm ownership and/or stock holdings Yes. Members of the Government may not perform representative functionsnor engage in any professional or commercial activity whatsoever (Art. 98 Constitution (1978, last amended 2011))
Ownership of state-owned enterprises (SOEs) Yes. Members of the Government may not perform representative functionsnor engage in any professional or commercial activity whatsoever (Art. 98 Constitution (1978, last amended 2011))
Holding government contracts Yes. Members of the Government may not perform representative functionsnor engage in any professional or commercial activity whatsoever (Art. 98 Constitution (1978, last amended 2011))
Board member, advisor, or company officer of private firm Yes. Members of the Government may not perform representative functionsnor engage in any professional or commercial activity whatsoever (Art. 98 Constitution (1978, last amended 2011))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Board of Transparency and Good Governance makes recommendations and offers training on maintaining the principles of the transparency and good governance laws.  (Art. 38 Law 19/2013 on Transparency, access to information and good governance, 2013)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. MPs may not be Chairmen, directors, or managers of public or private companies. (Art. 155 Electoral Law (1985, last amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. MPs may not be Chairmen, directors, or managers of public or private companies. (Art. 155 Electoral Law (1985, last amended 2016))
Holding government contracts Yes. MPs may not take up managerial activity or advice to a company that receives public grants or is a public contractor. (Art. 159 Electoral Law (1985, last amended 2016))
Board member, advisor, or company officer of private firm Yes. MPs may not be board members or have indirect participation in public or private companies. (Art. 155 Electoral Law (1985, last amended 2016))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. Being an MP is incompatible with holding other public office. (Art. 157.2 Electoral Law (1985, last amended 2016))
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. MPs enjoy immunity. (Art. 71 Constitution (1978, last amended 2011))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest Yes. Civil servants are to avoid finanical activities or any kind of transactions that might constitute a conflict of interest. (Art. 52.6 Basic Statute on the Civil Service (2007, last amended 2015))
Accepting gifts Yes. Accepting gifts, favors or other services which go beyond courtesy is forbidden. (Art. 54.6 Basic Statute on the Civil Service (2007, last amended 2015))
Private firm ownership and/or stock holdings Yes. Public servants may not follow professional private activity. (Art. 11 Law 53/84 on Incompatibilities for employees in the public sector, 1984, amended 2015)
Ownership of state-owned enterprises (SOEs) Yes. Public servants may not hold a second activity in the public sector aise from being teachers or fulfilling health functions. (Art. 3 Law 53/84 on Incompatibilities for employees in the public sector, 1984, amended 2015)
Holding government contracts Yes. Public servants may not hold a second activity in the public sector aise from being teachers or fulfilling health functions. (Art. 3 Law 53/84 on Incompatibilities for employees in the public sector, 1984, amended 2015)
Board member, advisor, or company officer of private firm Yes. Public servants may not be part of the board of directors or governing body of private companies. (Art. 12b Law 53/84 on Incompatibilities for employees in the public sector, 1984, amended 2015)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Board of Transparency and Good Governance makes recommendations and offers training on maintaining the principles of the transparency and good governance laws. Any second employment must be authorized by the Ministry of the Presidency and the comptenten supervising authority. (Art. 38 Law 19/2013 on Transparency, access to information and good governance, 2013 Art. 9 Law 53/84 on Incompatibilities for employees in the public sector, 1984, amended 2015)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Qualitative data for 2017


Legislation

Basic Statute on the Civil Service, 2007, amended 2015 (Spanish)pdf
Constitution, 1978, amended 2011 (English)pdf
Electoral Law, 1985, amended 2016 (Spanish)pdf
Law 53/84 on Incompatibilities for employees in the public sector, 1984, amended 2015 (Spanish)pdf
Law 19/2013 on Transparency, access to information and good governance, 2013 (Spanish)pdf

Freedom of Information

Spain’s access to information regime is established by its Constitution (1978) and Law 19 on transparency, access to public information and good governance (2013). The executive is covered by the FOI law; however the government is excluded. The legislative and judicial branches are only subject to the law and obliged to supply information about activities subject to Administrative Law.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, Law 9 on Official Secrets (1968), and Law 15 on the Protection of Personal Data (1999). However, there is a public interest test whereby exemptions to disclosure may be overridden in cases where the public interest outweighs the prohibition on disclosure.

An appeal against a refusal of access can be made to the Council for Transparency and Governance. An appeal against a judgment on access to public information may also be made directly to the Administrative Courts.

There are no sanctions specified in the law for violations of FOI provisions. The Council for Transparency and Good governance promotes good practice in access to public information and offers training activities to increase knowledge of the provisions of the law. However, it is not clear whether this includes management of the implementation process.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope and Coverage31767676
Information access and release0757575
Exceptions and Overrides17676767
Sanctions for non-compliance0000
Monitoring and Oversight0676767

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. 1. The following rights are recognised and protected: d) the right to freely communicate or receive accurate information by any means of dissemination whatsoever. (Article 20 of the Constitution of Spain, 1978)
"Information" or "Documents" is defined No. Absent from legal framework
Proactive disclosure is specified Yes. Information officers within public bodies must ensure that the most frequently-requested information is made available online. (Article 21(2)(f) Law 19 on transparency, access to public information and good governance, 2013)

Coverage of public and private sectors

Executive branch Yes. The executive is covered; however the government is excluded from the scope without any reason being given. This exclusion makes it impossible to inquire about the President, Vice President or Vice Presidents and ministers, thus excluding matters discussed in the Council of Ministers and the Government Delegate Committees . (Article 2 Law 19 on transparency, access to public information and good governance, 2013)
Legislative branch Yes. The legislative branch is only subject to the law and obliged to supply information in circumstances when it provides an administrative role. (Article 2 Law 19 on transparency, access to public information and good governance, 2013 Article 1 Regulatory Norm on the right of access to public information in the Senate, 2014 Article 2 Rules of the General Committee of the Congress of Deputies on the application of the FOIA, 2015)
Judicial branch No. The law does not include the judiciary; only the General Council of the Judiciary will be partially included in the scope of the law (Article 2 Law 19 on transparency, access to public information and good governance, 2013)
Other public bodies Yes. Although the law covers a large number of state bodies, it is only possible to access information from them on those activities subject to Administrative Law. (Article 2 Law 19 on transparency, access to public information and good governance, 2013)
Private sector No. The law requires political parties , trade unions, employers' organizations and private entities that receive aid or grants to proactively publish information. The proactive publicity obligations are however limited and do not guarantee the right to request information. (Article 2 Law 19 on transparency, access to public information and good governance, 2013)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. The law on access to public information - and therefore its implementing regulations within the two houses of parliament - includes within its scope draft laws and draft implementing regulations. Draft laws are published on the websites of both the lower and upper houses of parliament. (Article 7(b) & (c) and Article 40 Law 19 on transparency, access to public information and good governance, 2013 Article 7(a) Regulatory Norm on the right of access to public information in the Senate, 2014 Article 10(a) Rules of the General Committee of the Congress of Deputies on the application of the FOIA, 2015)
Enacted legal instruments Yes. The Constitution guarantees the publication of legal norms. Laws are published in the Official Bulletin and available on its website - www.boe.es/legislacion/ (Article 9(3) and Article 91 Constitution of Spain, 1978)
Annual budgets Yes. The FOIA requires budgets and accounts to be published. The Ministry of Finance and Public Administration is also required to ensure that the information covered by the Budgetary Stability law is made publicly available. This includes budgets, information used in budgetary planning and statements of accounts. The General Comptroller of the State Administration publishes, on a monthly basis, in the "Official Gazette" information relating to operations of the state budget execution (Article 8(1)(d) & (e) Law 19 on transparency, access to public information and good governance, 2013 Article 6(2) and (3), Organic Law 2 on Budgetary Stability and Financial Sustainability, 2012, amended 2016 Article 136(1) General Budgetary Law 47/2003, amended 2015)
Annual chart of accounts (actual expenditures) Yes. The FOIA requires budgets and accounts to be published. The Ministry of Finance and Public Administration is also required to ensure that the information covered by the Budgetary Stability law is made publicly available. This includes budgets, information used in budgetary planning and statements of accounts. The General Comptroller of the State Administration publishes, on a monthly basis, in the "Official Gazette" information relating to operations of the state budget execution (Article 8(1)(d) & (e) Law 19 on transparency, access to public information and good governance, 2013 Article 6(2) and (3), Organic Law 2 on Budgetary Stability and Financial Sustainability, 2012,a mended 2016 Article 136(2) and (3) General Budgetary Law 47/2003, amended 2015)
Annual reports of public entities and programs Yes. Public bodies must publish annual plans and programmes. (Article 6(2) Law 19 on transparency, access to public information and good governance, 2013)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) No. Individuals have the right to access public records and archives as set out in the Constitution and the FOIA. Legal entities do not have however the right to access information. Other laws only confer the right to access to information on citizens. (Article 12 Law 19 on transparency, access to public information and good governance, 2013 Article 105, Constitution 1978 Article 35(h) and Article 37 Law 30 on Legal Regime of Public Administration and Administrative Procedure, 1992 Article 6 Law 11 on citizen's electronic access to public services, 2007)
Type of request is specified (written, electronic, oral) Yes. The application process is set out in some detail in terms of who applications should be addressed to and what information should be included with the application. It is however a long and complicated process that allows to send information requests via the online Transparency Portal only. (Article 17 Law 19 on transparency, access to public information and good governance, 2013)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Access is in principal free but costs can be charged. There is no stipulation of how many free photocopies can be provided. The law also allows charges to be set according to the local laws of the different autonomous communities, giving no consistency across Spain. (Article 22(4) Law 19 on transparency, access to public information and good governance, 2013 Law 8 on Fees and Public Charges, 1989, amended 2012)

Deadlines for release of information

20-day response deadline Yes. Public bodies are required to respond to requests for information within one month (the equivalent of 20 working days). (Article 20(1) Law 19 on transparency, access to public information and good governance, 2013)
Agency granted right to extend response time Yes. If the quantity or complexity of the information requested requires it, the deadline can be extended by a further month as long as the applicant is informed in advance. (Article 20(1) Law 19 on transparency, access to public information and good governance, 2013)
Maximum total response time of no more than 40 days Yes. The response period plus the extension period come to two months or 40 working days. (Article 20(1) Law 19 on transparency, access to public information and good governance, 2013)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law Yes. Law 9/1968 on Official Secrets. The Criminal Code also defines the professional secret which is information gained through one's work. (Law 9 on Official Secrets, 1968 Article 199 Criminal Code 1995)
Existence of personal privacy/data law Yes. The Spanish Constitution guarantees the right to personal and family privacy of Spanish citizens. The processing of personal data is regulated by the Organic Law 15/1999 on the Protection of Personal Data. (Articles 18 and 105(b), Constitution of Spain, 1978 Article 1 Law 15 on the Protection of Personal Data, 1999, amended 2011)
Specific exemptions to disclosure Yes. The right of access to records and archives can be restricted if: - disclosure may harm national security, defence, external relations, public safety, criminal or administrative investigations, legal proceedings, administrative functions of monitoring, inspection and control, economic and commercial interests, economic and financial policy, professional secrecy and intellectual property, confidentiality in decision-making processes and the environment. - if the data is classified under the Law on Official Secrets - it constitutes personal data which can only be disclosed with the permission of the individual concerned, if provided for by law, if the data comes from a public source, or if requested by certain public officials or in the interests of public health. Documents within the archives which contain personal data of a police nature, procedural, clinical or other nature that may affect the safety of persons, their honour, to the intimacy of his private and family life and his own image, cannot be publicly consulted without the express consent of the affected or until within twenty-five years has elapsed since his death. (Article 14(1) and Article 15, Law 19 on transparency, access to public information and good governance, 2013 Article 11 Law 15 on the Protection of Personal Data, 1999 Article 1 Law 9 on Official Secrets, 1968)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. There is no internal administrative appeal; the level of appeal is to the Council for Transparency and Good governance, 2013. (Article 24 Law 19 on transparency, access to public information and good governance, 2013)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. Yes. An appeal against a refusal of access can be made to the Council for Transparency and governance, 2013. Article 2(1)(f) of the FOIA sets out a list of institutions including the House of His Majesty the King, the House of Deputies, the Senate against which a claim cannot be made to the Council; only judicial appeals can be made against them. (Article 24 and 2(1)(f) Law 19 on transparency, access to public information and good governance, 2013 Article 107(2) Law 30 on Legal Regime of Public Administration and Administrative Procedure, 1992 )
Judicial appeals mechanism Yes. An appeal against a judgment on access to public information can be made directly to the Administrative Courts , irrespective of whether a discretionary claim has been filed under Article 24. (Article 20 Law 19 on transparency, access to public information and good governance, 2013)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Public authorities must set up systems to make information requests an integral part of their operations. This includes creating dedicated units to ensure the correct implementation of the law, including to receive requests for information, gather and disseminate the information, set up appropriate information management and dissemination procedures, keep a log of requests for information, ensure the availability of the most frequently requested information online, and keep a “map” of the records kept by the authority. (Article 21 Law 19 on transparency, access to public information and good governance, 2013)
Public body that is responsible for applying sanctions No. There are no sanctions provided for in the law.
Public body that is responsible for public outreach (raising public awareness) Yes. The Council for Transparency and Good governance, 2013 must promote transparency in the public sector, safeguard the exercise of the right to access public information and ensure that the provisions of the law are observed. Specifically this includes promoting good practice in access to public information and good governance, 2013 and promoting training activities to increase knowledge of the provisions of the law. (Articles 34 and 38 Law 19 on transparency, access to public information and good governance, 2013)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. Ministry of Public Finance and Administration - nominates President of Council of Transparency and Good governance, 2013 - presents Council for Transparency and Good governance, 2013's annual draft budget to government (Article 39 Law 19 on transparency, access to public information and good governance, 2013)
Ombudsman involvement in implementation is specified by law Yes. A representative from the Ombudsman's office is one of the members of the Council for Transparency and Good governance, 2013. In addition, when the Council hears appeals against refusals to disclose information under Article 24 of the FOIA, the findings must be communicated by the President of the Council to the Ombudsman. (Articles 24(5) and 36(2)(e) Law 19 on transparency, access to public information and good governance, 2013)
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2017


Legislation

Constitution of Spain, 1978 (Spanish)pdf
Law 19 on transparency, access to public information and good governance, 2013 (Spanish)pdf
Regulatory Norm on the right of access to public information in the Senate, 2014 (Spanish)pdf
Rules of the General Committee of the Congress of Deputies on the application of the FOIA, 2015 (Spanish)pdf
Organic Law 2 on Budgetary Stability and Financial Sustainability, 2012, amended 2016 (Spanish)pdf
General Budgetary Law 47/2003, amended 2015 (Spanish)pdf
Law 30 on Legal Regime of Public Administration and Administrative Procedure, 1992 (Spanish)pdf
Law 8 on Fees and Public Charges, 1989 (Spanish)pdf
Law 9 on Official Secrets, 1968 (Spanish)pdf
Criminal Code 1995 (Spanish)pdf
Law 15 on the Protection of Personal Data, 1999 (Spanish)pdf

Public Procurement

The Spanish public procurement system is regulated by the Royal Legislative Decree (2011), and additional legislation also affects public procurement (e.g. laws on transparency). There are many public procurement units under the Ministry of Public Accounting and Public Administration.

The lowest minimum thresholds for conducting a public procurement tender are:

▪         EUR 135,000 for goods

▪         EUR 5,225,000 for works

▪         EUR 135,000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 52 days both for open procedures, restricted procedures and negotiated procedures from dispatch date, that can be reduced to 37 in case of a prior notification is issued. The final beneficial owners do not have to be disclosed when placing a bid.

There is no case for preferential treatment except for a policy indication that SMEs participation should be promoted. However, there are several options for bid exclusion: bankruptcy, severe administrative fines for labor-related issues, outstanding tax liabilities, and previous criminal convictions for corruption or related reasons. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there is no separate conflict of interest regulation on the composition of the evaluation committee.

There is a payable fee in certain cases of an arbitration procedure (if the contracting authority is not part of the public administration), but the amount is not specified. Court decisions are not publicly released.


Quantitative Data

Primary Metric

2012201520162017Trend
Scope505063
Information availability353535
Evaluation505050
Open competition838383
Institutional arrangements292929

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 18000. Contracts up to this value are considered minor contracts and may be awarded directly to any company that can fulfill the requirements. In utilities the application of the law is excluded under the threshold of EUR 418000. ( Art. 138.3 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 24.3 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 16 Ley 31/2007, de 30 de octubre, amended 2015.)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 50000. Contracts up to this value are considered minor contracts and may be awarded directly to any company that can fulfill the requirements. In the utilities the application of the law is excluded under the threshold EUR 5225000. ( Art. 138.3 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 24.3 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 16 Ley 31/2007, de 30 de octubre, amended 2015.)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 18000. Contracts up to this value are considered minor contracts and may be awarded directly to any company that can fulfill the requirements. In utilities the application of the law is excluded under the threshold of EUR 418000. ( Art. 138.3 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 24.3 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 16 Ley 31/2007, de 30 de octubre, amended 2015.)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 135000. This is for SERVICES or SUPPLIES contracts awarded by the General Administration of the State, its autonomous bodies, or administrative entities and Social Security. If the public procurer is not one of these entities, the threshold is EUR 209000 euros. For WORKS, the threshold is EUR 5225000. The general legislation includes here the DEFENCE sector: In SUPPLIES contracts issued by the defence sector, this threshold applies only if is is listed in Annex III ; otherwise it's EUR 209000. (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015, Art. 14-16)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 418000. If the object of the contract are WORKS, the threshold is higher: EUR 5225000. (Art. 16 Ley 31/2007, de 30 de octubre, amended 2015.)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 418000. This is for SERVICES or SUPPLIES contracts. In WORKS, the threshold is EUR 5225000. BUT remember that the general legislation includes here the DEFENCE sector: In SUPPLIES contracts issued by the defence sector, this threshold applies only if is is enlisted in Annex III ; otherwise it's EUR 209000. (Art. 5 Ley 24/2011, de 1 de agosto, amended 2015)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 135000. This threshold applies to the General Administration of the State, but depending on the entity and on the object it can be EUR 209000. It also changes according to the entity. In DEFENCE for secrecy and confidenciality reasons and UTILITIES due to its specialty the threshold is EUR 418000. (Art. 15 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art.5.a) Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 16.a) Ley 31/2007, de 30 de octubre, amended 2015.)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 5225000. This has the same threshold for all type of entity. (Art. 14 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art.5.b) Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 16.b) Ley 31/2007, de 30 de octubre, amended 2015.)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 135000. This threshold applies to the General Administration of the State, but depending on the entity and on the object it can be EUR 209000. It also changes according to the entity. In DEFENCE due to secrecy and confidenciality reasons and UTILITIES due to its specialty the threshold is EUR 418000. (Art. 16 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art.5.a) Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 16.a) Ley 31/2007, de 30 de octubre, amended 2015.)

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The documents of the tender must be published in the Official State Gazette (BOE). But if the Public procurer is an autonomous region the documents can be published in its Official Autonomos Region Gazette. If the procurement is in the EU threshold it is mandatory to send the documents to OJEU before this publication at state level. This will also have to be published in the contractor´s profile (art.53) ATTENTION! If the tenders are irregular o unacceptable and consequently the public procurer starts a negotiatied procedure, no matter the value of the contract, it doesn´t need to be published. But only if the negotiation includes only the tenderers who sent an offer to the previous procedure (177.1 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015; art. 44.2.b) Ley 24/2011, de 1 de agosto, amended 2015; art. 59.a )Ley 31/2007, de 30 de octubre, amended 2015). If the threshold (in a negotiated procedure) is inferior to EUR 200000 (WORKS) or EUR 60000 (SERVICES and GOODS) publication is not mandatory (177.2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 ; Art. 44.6 Ley 24/2011, de 1 de agosto, amended 2015) (Art. 142 and 53 (with 177.2 exception) Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015. Art. 26 and annex V Ley 24/2011, de 1 de agosto, amended 2015, amended 2015Ley 24/2011, de 1 de agosto, amended 2015. Arts. 63 and 64 Ley 31/2007, de 30 de octubre, amended 2015.)
Are any of these documents published online at a central place? Yes. According to art.53 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015, only the contract award must be published in the contractor´s profile (publishing the rest of the documents can be done on a voluntary base). Moreover, even if art.334 says that these profiles should be all accesible through an online Central State Platform (Plataforma de Contratación del Sector Público) it doesn´t work in practice yet. Exactly the same happens in the utilities sector. http://www.contratospublicostransparentes.es/transparencia/ https://contrataciondelestado.es/wps/portal/plataforma (Art. 53 and 334 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Artículo 26.4 Ley 24/2011, de 1 de agosto, amended 2015 Art. 64 and art. 85 Ley 31/2007, de 30 de octubre, amended 2015)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country’s financial management system) No. Contractual information is published in the Public Sector Procurement Register (Registro de Contratos del Sector Público) but there is no mention of keeping the tender documentation. Plus the article is very vague. Therefore only basic data of the awarded contracts by the public sector under the Real Decreto Legislativo 3/2011´s scope will be found in this register. In the utilities sector art. 85 Ley 31/2007, de 30 de octubre, amended 2015 refers to art. 333 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 (308 of the Ley 30/2007, de 30 de octubre, de Contratos del Sector Público already abolished), hence the obligations are the same. In the case of the DEFENCE sector, there is only an obligation to share with the Public Procurement State Advisory Body (Junta Consultiva de Contratación Administrativa del Estado) information about the awarded contracts and the changes they might suffer during the implementation. Nevertheless this work can be done through communication among the Registers that might exist in the different Autonomous Regions (Art. 333 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 67.1 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 85 Ley 31/2007, de 30 de octubre, amended 2015 )
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Contracts over the EU threshold awarded within a framework agreement must be published in the official gazette within 48 days. For defence contracts, there is no requirement to publish contracts within a framework agreement. Exception: In the utilities sector, if the contract within the framework agreement was awarded through a negotiated procedure without publication (when the circumstances allowing it apply) there is no need to publish whatsoever. (Art. 197.2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 54.5 Ley 24/2011, de 1 de agosto, amended 2015 Arts. 42.2, 67.2 Ley 31/2007, de 30 de octubre, amended 2015 )

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. Nevertheless, if the tender documents or the call for tenders requires it, the bidders will have to inform the public procurer with whom are they planning to subcontract. But this information doesn´t have to be published. The utilities sector law makes the exact same remarks. Same works for the defence sector. (Art. 227.2. a) Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 87.2. a) Ley 31/2007, de 30 de octubre, amended 2015 Art. 61.1 in fine Ley 24/2011, de 1 de agosto, amended 2015)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. ( )

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes . It is only allowed in exceptional cases when the tender specifications can not be explained unless referring to this brand or company. The regulation in the utilities sector says the exact same thing. The defence sector law forwards to art 101.8 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015), so the exception is the same. (Art. 117.8 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 34.9 Ley 31/2007, de 30 de octubre, amended 2015 Art. 19.1 Ley 24/2011, de 1 de agosto, amended 2015)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. There is a general requirement to "promote the participation of SMEs" (Art. 22.2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Preamble Ley 24/2011, de 1 de agosto, amended 2015)
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. Companies from EU Member States are treated the same as Spanish companies (even better if we take into account the clasification requirement for some work contracts only asked to Spanish bidders). Nevertheless foreign countries must fulfill some additional requirements. (Arts 55, 58 and 66 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Arts. 10.1 and 14 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015forward to arts. 43 and 47 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015))
Is there a specific set of rules for green/sustainable procurement? No. Even if environmental protection is mentioned through the Spanish legislation on Public Procurement, is too generic and very mixed with the rest of technical specifications, different type of contracts, etc. And it is not mandatory. (Arts. 76.1.d), 78.1.f) .2, 81, 117.1, .3.b) .6, 118.1, 119.1 and 150.1 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Arts. 34.2.b) .4.b) .7, 36.1, 37.2, 61.1, 88.2 and 90 Ley 31/2007, de 30 de octubre, amended 2015 Arts. 19.1 and 20.1 (both forward to arts.100, 101 and 102 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015), 32.1 , First Additional Provision (15ş and 16ş) Ley 24/2011, de 1 de agosto, amended 2015)

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Closed list of criteria: previous criminal conviction for corruption or related reasons, filed for bankruptcy, severe administrative fine for labour-related issues, pending taxes, among others. Some of these restrictions have to be declared by thepublic procurer himself, but others must be declared through a process. There are also conflict of interest provisions preventing, for example, bids by those involved in drawing up the technical specifications of the tender. (Art. 56, art. 60 and 61 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Third Additional Provision Ley 31/2007, de 30 de octubre, amended 2015 forwards to 49 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) Art. 12 and 13 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015(which refer to the declaration process) forwards atrs. 49 and 50 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) )
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. No. Even if abormal or disproportionate bids can be rejected, it is not an automatic process. The bidder hast to be asked first for clarification. The same applies for the defence and the utilities sector. (Art. 152 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art.34 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015forwards art. 136 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) Art. 82 Ley 31/2007, de 30 de octubre, amended 2015)
Is scoring criteria published? Yes. Criteria must be published in the tender announcement (with the exemption of those procedures that don´t need to be published). (Art. 150.5 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 61.1,.2,.3 Ley 31/2007, de 30 de octubre, amended 2015 Art. 32.2 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015and supletory art 134 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015))
Are decisions always made by a committee? No. If the scoring criteria in an open or restricted procedure includes qualitative judgements which weigh more then the quantitative, then the committee must comprise at least 3 people, all of whom must be independent of the contracting authority and have the relevant expertise to make the assessment. There is also a body named "Mesa the contratación" that can evaluate the offers. In some procedures is mandatory and in some others not. (Arts. 150.2, 320, 321 and 323 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015)
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. The committee must comprise at least 3 people, all of whom must be independent of the contracting authority and have the relevant expertise to make the assessment. (Arts. 150.2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015)
Is some part of evaluation committee mandatorily independent of contracting authority? Yes. The committee must comprise at least 3 people, all of whom must be independent of the contracting authority and have the relevant expertise to make the assessment. (Arts. 150.2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015)
Are scoring results publicly available? No. The award of the contract must be published (the requirements may change according to the amount and type of contract,) but not the scoring results. Nevertheless, as the Public Procurer must publish and justify in its Contractor´s profile the awarding of the contract, it may rely on these scores. But they don´t have to publish them. ( Arts. 151.4 and 154 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art 83 Ley 31/2007, de 30 de octubre, amended 2015 Art. 33.4 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015)
Does the law specify under which conditions the tender can be cancelled? Yes. It can be done only before the award of the contract. The waiver/renunciation can only be for public general interest reasons and the withdrawal is only allowed if the tender has irrepairably breached the rules of the contract preparation or of the procedure. The DEFENCE sector law forwards to artículo 139 de la Ley 30/2007 ((abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) In the utilities sector there has to be a justified motive and it has to take place before the award of the contract. (Art. 155 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 36 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015forwards to art.139 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) Art. 86 Ley 31/2007, de 30 de octubre, amended 2015, )

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. The call for tenders must be published in the Official State Gazette (BOE). But if the Public procurer is an autonomous region the documents can be published in its Official Autonomos Region Gazette. (In the case of the utilities sector the publication will have to be both in the Official State Gazette and theOfficial Autonomos Region Gazette) If the procurement is within the EU threshold it is mandatory to send the documents to OJEU before this publication at state level (it will have to be puclished in any case in the utilities sector). It will also have to be published in the contractor´s profile (which according to the law will automatically mean the publication in the online Central State Platform (Plataforma de Contratación del Sector Público) (Arts. 53, 142 and 334,1 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015, Art. 26 and annex V Ley 24/2011, de 1 de agosto, amended 2015, amended 2015Ley 24/2011, de 1 de agosto, amended 2015. Art. 63 Ley 31/2007, de 30 de octubre, amended 2015)
Does the law specify the location for publicizing restricted calls for tenders? Yes. The call for tenders must be published in the Official State Gazette (BOE). But if the Public procurer is an autonomous region the documents can be published in its Official Autonomos Region Gazette. (In the case of the utilities sector the publication will ahve to be both in the Official State Gazette and theOfficial Autonomos Region Gazette) If the procurement is within the EU threshold it is mandatory to send the docuemnts to OJEU before this publication at state level (it will have to be puclished in any case in the utilities sector). It will also have to be published in the contractor´s profile (which according to the law will automatically mean the publication in the online Central State Platform (Plataforma de Contratación del Sector Público) (Arts. 53, 142 and 334,1 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015, Art. 26 and Annex V Ley 24/2011, de 1 de agosto, amended 2015, amended 2015Ley 24/2011, de 1 de agosto, amended 2015. Art. 63 and Annex III Ley 31/2007, de 30 de octubre, amended 2015)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. If the tenders are irregular or unacceptable and consequently the public procurer starts a negotiatied procedure, no matter the value of the contract, it doesn´t need to be published. But only if the negotiation includes only the tenderers who sent an offer to the previous procedure (177.1 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015). If the threshold of the negotiated procedure is inferior to EUR 200000 (WORKS) or EUR 60000 (SERVICES and GOODS) publication is not mandatory. In the rest of the cases publication is the same as the open and restrcited procedure. In the DEFENCE sector, article 44 explains the MANY cases when the negotiated procedure can take place without prior notice. In the utilities sector article 59 explains these exceptions. (Arts. 169 and 177.1 .2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art 59 Ley 31/2007, de 30 de octubre, amended 2015 Art. 26 (specially .4)and 44 Ley 24/2011, de 1 de agosto, amended 2015)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? 5. 5. Nevertheless, in the utilities sector there is no minimun number. (Art. 163.2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 39.3 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 58.3 Ley 31/2007, de 30 de octubre, amended 2015 )
What is the minimum number of bidders for negotiated procedures? 3. 3. Nevertheless, in the utilities sector there is no minimun number. (Art. 178.1 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Arts. 43.3 and 46 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art 58.4 Ley 31/2007, de 30 de octubre, amended 2015)
What is the minimum number of bidders for competitive dialogue procedures? 3. 3. BUT, this procedure is not taken into account in the utilities sector law. (Art. 181.2 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art.50.2 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Art. 58 Ley 31/2007, de 30 de octubre, amended 2015 )

Bidding period length

What are the minimum number of days for open procedures? 52. 52 (to present the bids) by default (it can be reduced 5 days if there is electronical acces to the tender documentation), 36 if there is a Prior Information Notice or 22 days in justified exceptional cases. These terms/deadlines apply only to contracts over EU threshold. Otherwise the minimum time to present the bids is 15 days (for WORKS is 26). Same applies for the utilities and defence sector. ( Art. 159 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 27 and 38 Ley 24/2011, forward to art 143 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) Arts. 76, 77 and 79 Ley 31/2007, de 30 de octubre, amended 2015)
What are the minimum number of days for restricted procedures? 37. 37 by default. For public works concession contracs the term is 52 days. These two terms can be reduced in 7 days if the call for tender is done through electronic means. These terms/deadlines apply only to contracts over EU threshold. Otherwise the minimum time to present the bids is 10 days. In the DEFENCE sector is 40 days reducible to 36 if there is a Prior Information Notice or 22 in exceptional cases. If the tender documentation is accesible via electronic means, the terms can be reduced in 5 days. If the call for tender is done through electronic means the terms can be reduced 7 days. If urgency reasons justify it, the term can be reduce to 10 days. These terms/deadlines apply only to contracts over EU threshold. In the utilities sector the term is also 37 by default, BUT it can be set between the public entity and the bidders as long as all the bidders have the same deadline. If an agreement is not reached, the public entity can set a date which normally should be 24 days minimum, and in any case never less than 10 days. (Art. 164 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art. 42 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 Arts. 76, 78 and 79 Ley 31/2007, de 30 de octubre, amended 2015 )
What are the minimum number of days  for competitive negotiated procedures? 37. If the negotiated procedure does not require previous publication, the law doesn´t mention any term. In case of mandatory publication art. 177 forwards to the terms of the restricted procedure: 37 by default. For public works concession contracs the term is 52 days. These two terms can be reduced in 7 days if the call for tender is done through electronic means. These terms/deadlines apply only to contracts over EU threshold. Otherwise the minimum time to present the bids is 10 days. The DEFENCE sector law forwards directly to the restricted procedure deadlines: 36 if there is a Prior Information Notice or 22 in exceptional cases. If the tender documentation is accesible via electronic means, the terms can be reduced in 5 days. If the call for tender is done through electronic means the terms can be reduced 7 days. If urgency reasons justify it, the term can be reduce to 10 days. These terms apply only if the publication of the tender is mandatory. In the utilities sector, deadlines of the negotiated procedure are the same as the restricted procedure: 37 by default, BUT it can be set between the public entity and the bidders as long as all the bidders have the same deadline. If an agreement is not reached, the public entity can set a date which normally should be 24 days minimum, and in any case never less than 10 days. (Art. 177.3 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Arts. 76, 78 and 79 Ley 31/2007, de 30 de octubre, amended 2015 Arts. 42 and 43.4 Ley 24/2011, de 1 de agosto, amended 2015)

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. There is a long list of exceptions including: civil service employment contracts, public services subject to toll or co-payment, collaboration agreements among different public sector units, those of 346 TFEU (defence), among others. In the utilities sector article 18 regulates the contracts that are excluded from the aplication of the law. Activities that are deregulated and open to competitiona are excluded. Moreover, some other exclusions can be found in diferent articles. Public Adminsitration is specifically excluded from the application of the law. In the DEFENCE sector the exclusion mostly owe to confidentiality and security reasons. (Art. 4 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Arts. 5, 10.3, 14 and 18 Ley 31/2007, de 30 de octubre, amended 2015 Art 7 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 )
Does the law specify the main types of institutions that must apply the public procurement law? Yes. State´s General administation, regional administration and local authorities; national health system, QUANGOs, executive agencies and equivalent with public mandate; entities with more than 50% of public capital; foundations with more than 50% of public capital, etc. It is important to keep in mind that the law distinguishes contracting authority wich are also public adminsitration and contracting authority which are not. Both are subject to the law, but in different degrees. In the utilities sector, public administrations are excluded from its application. Subject to the law are the public companies which develope one of the activities described in the law and the ones that, not being public, have special and exclusive rights acknowledged. (Art. 3 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Arts. 3 and 5 Ley 31/2007, de 30 de octubre, amended 2015 (and 8ş Addittional Provision Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) Art. 3 Ley 24/2011, de 1 de agosto, amended 2015 )
Does the law specify the main procedure types or procurement methods permitted? Yes. The regular procedures are the open procedure (procedimiento abierto) and the restricted procedure (procedimiento restringido). In some cases, the negotiated procedure (procedimiento negociado) with ot without publication and the competitive dialogue (not in utilities) (diálogo competitivo) may be used. (Arts. 138 and 157 to 183 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Arts. 58 and 59 Ley 31/2007, de 30 de octubre, amended 2015 Arts. 24 and 38 to 52 Ley 24/2011, de 1 de agosto, amended 2015 )
Is there a procurement arbitration court dedicated to public procurement cases? Yes. For certain contracts (also depending on their value) and acts of the contracting entities there is a facultative appeal to an independent body of the administration, called "recurso especial en materia de contratación". There is an State body and the autonomous regions can create their own. Otherwise the entitled for action has access to the regular adminsitrative system of appeal. Nevertheless the implementation, modification and resolution of the contract can not be revised by this adminsitrative body. At a judicial level, the appeals system is quite complicated, because it distinguishes the contracts awarded by a contracting authority which is also a public administration from those who are just a contracting authority. In the case of the first ones, the contentious-administrative jurisdiction is the one in charge of all the phases of the procedure: preparation, awarding, modification and resolution of the contract. In the case of the second one, this jurisdiction is only entitled to the first two phases, corresponding modification and resolution to the civil jurisdiction (nevertheless these appeals can be referred to arbitration under the Law 60/2003 of 23 December on Arbitration). This jurisdiction is also the the one in charge of the preparation and award phase if a contracting authority not public administration awards a contract under the EU threshold. The utilities sector law and the DEFENCE sector law forward to Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) (Arts. 21, 40, 41, 50 and 30ş dditional provision Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 Art 101 Ley 31/2007, de 30 de octubre, amended 2015 forwards to art 311 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015) Arts. 58 and 59 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015forward to art 311 Ley 30/2007, de 30 de octubre (abolished so its Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015))
Is there a procurement regulatory body dedicated to public procurement? No. The law regulates the State Public Procurement Advisory Body (and the corresponging ones in the autonomous regions). But it has a merely advisory function. It does not regulate. Arts 324 and 325 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 and 67 Ley 24/2011, de 1 de agosto, amended 2015, amended 2015 (http://www.minhap.gob.es/es-ES/Servicios/Contratacion/Paginas/default.aspx)
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. The only similar thing is the "responsable del contrato" figure (responsible of the contract), but there are no registration and no qualification requirements. Moreover its main task it is to superfive the implementation of the contract, once it has been awarded. (Art. 52 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 )
Is disclosure of final, beneficial owners required for placing a bid? No. ( )

Complaints

Is there a fee for arbitration procedure? No. When it comes to the special appeal in the State administrative independent body (Tribunal Administrativo Central de Recursos Contractuales), there is no fee. But the ones in the dfferent autonomous regions can require it. In reality only the one in Cataluńa (Tribunal Catalán de Contratos del Sector Público) requires the payment of a fee. The regular administrative appeal does not have a fee either. (Arts 44 and 46 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 )
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The interposition of the "recurso especial en materia de contratación" (the special appeal) automatically suspends the signing of the contract. That´s not the case in the judicial level, as in order to suspend it, the person requesting it needs to prove the damages the signing will cause as well as providing financial guarantees which tend to be a considerable amount. ( Art 45 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 )
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 25. (Art. 46 Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 )
Is there a requirement to publicly release arbitration court decisions ? No. The State administrative independent body (Tribunal Administrativo Central de Recursos Contractuales) and the ones in the autonomous regions don´t have to publish their resolutions. Nevertheless they do and they can be found on their websites (http://www.minhafp.gob.es/es-ES/Servicios/Contratacion/TACRC/Paginas/BuscadordeResoluciones.aspx http://www.aragon.es/trb )

Qualitative data for 2017


Legislation

Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014 (Spanish)pdf
Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2015 (Spanish)pdf
Ley 24/2011, de 1 de agosto, amended 2013 (Spanish)pdf
Ley 24/2011, de 1 de agosto, amended 2015 (Spanish)pdf
Ley 30-2007 on public procurement for utilities (repealed but still referred to) (Spanish)pdf
Ley 31/2007 de 30 de octubre amended 2013 (Spanish)pdf
Ley 31/2007 de 30 de octubre amended 2015 (Spanish)pdf
Ley 60/2003 de 23 de diciembre de Arbitraje amended 2011 (Spanish)pdf