EUROPAM

European Public Accountability Mechanisms

Spain

Country score (European Average*)
  • 58(67) Political Financing
  • 42(50) Financial Disclosure
  • 22(41) Conflict of Interest
  • 57(56) Freedom of Information
  • 54(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)34,490
Population, total46,418,269
Urban population (% of total)79.6
Internet users (per 100 people)76.2
Life expectancy at birth (years)82.7
Mean years of schooling (years)9.6
Global Competitiveness Index4.6
Sources: World Bank, UNDP, WEF.

Political Financing

The Organic Law on Political Parties (2002) and the Organic Law on Funding of Political Parties (2007) 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 and the loss of public funding.


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income444439
Public funding626262
Regulations on spending505050
Reporting, oversight and sanctions757575

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, 1985, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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 2015, 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, 1985, 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. Art. 5(1). Political parties may not accept or receive, directly 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, 1985, 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 2015, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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 2015, 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 2015, 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 2015, 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 2015, 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 2015, 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, 1985, 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 2015)
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 2015, 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 2015)
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, 1985, 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 2015, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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, 1985, 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 2016


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 2015missing file:

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

201220152016Trend
Disclosure items613434
Filing frequency753838
Sanctions1005050
Monitoring and Oversight755050
Public access to declarations753825

Alternative Metric

201220152016Trend
Head of State7700
Ministers778277
Members of Parliament778580
Civil servants7700

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
Location(s) of access specified Yes. 0
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
Location(s) of access specified Yes. 0
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 2016


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 2015) 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

201220152016Trend
Restrictions384343
Sanctions2500
Monitoring and Oversight252525

Alternative Metric

201220152016Trend
Head of State000
Ministers303737
Members of Parliament171717
Civil servants703737

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 2015))
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 2015))
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 2015))
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 2015))
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 2015))
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 2016


Legislation

Basic Statute on the Civil Service, 2007, amended 2015missing file:
Constitution, 1978, amended 2011missing file:
Electoral Law, 1985, amended 2015missing file:
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

201220152016Trend
Scope and Coverage317676
Information access and release07575
Exceptions and Overrides176767
Sanctions for non-compliance000
Monitoring and Oversight06767

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

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. (General)
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 2016


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, 2014missing file:
Rules of the General Committee of the Congress of Deputies on the application of the FOIA, 2015missing file:
Organic Law 2 on Budgetary Stability and Financial Sustainability, 2012 (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 18000 for goods

EUR 50000 for works

EUR 18000 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures. The minimum submission period is 52 days both for open procedures, restricted procedures and negotiated procedures from dispatch date, that can be reduced to 36 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. 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

201220152016Trend
Scope7272
Information availability9797
Evaluation3333
Open competition6161
Institutional arrangements88

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. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 138 (3))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 50000. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 138 (3))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 18000. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 138 (3))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 18000. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 138 (3))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 130000. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 16)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 130000. same as civil (Art, 6 of Ley 24/2011, de 1 de agosto, amended 2014)

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 130000. 130,000 for central administration and health services, 200,000 for any others ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 14)
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 4845000. 4.845.000 euros for lots, 5,000,000 for others ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 14)
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 130000. 130,000 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 16)

Information availability

Publishing and record keeping

Which are the documents which are published in full? basic content of bid and possibility of modifications and alterations. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 146)
Are any of these documents published online at a central place? yes. contrataciondelestado.es
Is it mandatory to keep 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) yes. Registro de Contratos del Sector Público (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014,Capitulo II, Art. 333)
Are contracts awarded within a framework agreement published? yes. upon request (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014,Capitulo II, Art. 333)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? yes. 0 (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014,Capitulo I, Art. 227)
If yes, above what proportion of subcontracted value is it mandatory? 0

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? no. no ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 142)
Are there restrictions on allowable grounds for tenderer exclusion? yes. yes, closed list of criteria (previous criminal conviction for corruption or related reasons), filed for bankruptcy, severe administrative fine for labour-related issues, pending tax, having made impossible to award another public contract, among others ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 60)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. no, only obligation to consider their offers and, when possible, their interests ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 22 (1))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. no, only for third States outside EU (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 55, 58)
Is there a specific set of rules for green/sustainable procurement? no. no, but CA could use it as criteria ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 119)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. abnormally low tenders ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 152)

Bid evaluation

Is scoring criteria published and explicit? yes. yes, but not mandatory ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 150)
Can evaluation decision be made by a single person (as opposed to a committee)? yes. to be specified in the call ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 142, 150)
Are there regulations on evaluation committee composition to prevent conflict of interest? no. no, only regarding exclusion of bidders ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 60 (1) g)
If yes, what is banned? incompatibilities with holding public office. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 60 (1) g, Ley 5/2006, de 10 de abril, de Regulación de los Conflictos de Intereses de los Miembros del Gobierno y de los Altos Cargos de la Administración General del Estado, Ley 53/1984, de 26 de diciembre, de Incompatibilidades del Personal al Servicio de las Administraciones públicas)
Is some part of evaluation comitee mandatorily independent of contracting authority? no. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 150)
Are scoring results recorded and publicly available? no. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 150)
Under which conditions can the tender be cancelled? closed list. only for reasons of public general interest. No new contract unless those reasons cease to exist ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 155)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) OJEU supplement, in www.contrataciondelestado.es and if value exceeds 100,000 or object is services, also in National Gazette (Boletín Oficial del Estado). 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 141)
Where should the call for tenders be published? (Procedure type: RESTRICTED) no, but need to inform all potential bidders that have presented tenders during the previous two years. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 177)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) no, unless everybody allowed to present initial tender. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 169)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. 5 in restricted procedure (art. 163) ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 165)
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. 3 in negotiated (art. 178) ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 165)
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE Not specified.

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. 52 by default or 36 if prior notice ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 159)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 52. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 163)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 52. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 170ff)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? closed list. civil service, public services subject to toll or copayment, collaboration agreements among different public sector units, those of 346 TFEU (defence); those of commercial character ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 4)
What are the main types of institutions which have to apply the public procurement law? General administation of the State, 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. 0 ( Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 3.1)
What are the main procedure types or procurement methods permitted by law? concurso (to obtain plans or projects), procedimiento abierto (open procedure), diálogo competitivo (competitive dialogue), procedimiento restringido (restricted procedure), procedimiento negociado (negotiated procedure) . 0 (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014,Capitulo I, Art. 138ff)
Is there a procurement arbitration court dedicated to public procurement cases? no. only for those that are not considered to be public administration. no, the question is referred to Courts dealing with public administration cases (orden jurisdiccional contencioso-administrativo) or specific Court, which is Tribunal Administrativo Central de Recursos Contractuales (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014,Capitulo VI, Art. 21 and Art. 41 )
Is there a procurement regulatory body dedicated to public procurement? yes. several units within the Ministry of Public Accounting and Public Administration (http://www.minhap.gob.es/es-ES/Servicios/Contratacion/Paginas/default.aspx)
Is the procurement regulatory body independent? no.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? no. 0
Is disclosure of final, beneficial owners required for placing a bid? no. 0 (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014,Capitulo I, Art. 146)

Complaints

Is there a fee for arbitration procedure? yes. In some cases. only if CA is not defined as public administration (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 50)
If yes, how much only if CA is not defined as public administration. 0 (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 50)
Is there a ban on contract signature until arbitration court decision (first instance court)? no. 0 (Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014, Capitulo 1, Art. 27)
What is the maximum number of days until arbitration court decision from filing a complaint? Not specified. 0
Are arbitration court decisions required to be publicly released? no. 0

Qualitative data for 2016


Legislation

Real Decreto Legislativo 3/2011, de 14 de noviembre, amended 2014missing file:
Ley 24/2011, de 1 de agosto, amended 2014missing file: