Spain
Spain is high-performing in the Representation, Rights and Rule of Law categories of the Global State of Democracy (GSoD) framework, and mid-performing in Participation. Compared to 2018, Spain has declined in Social Group Equality and Absence of Corruption. It is home to one of the largest and fastest growing economies in Europe, driven by its services and manufacturing industries. Though public debt remains high, it is declining.
Spain transitioned from military dictatorship under Francisco Franco to a democracy in 1978 through a process of negotiation known as the Transición, which established free and competitive elections, created space for a multi-party system, and increased civilian control of the military. While the Transición awarded notable autonomy to regional governments, separatist group activities have continued. The role of historical memory continues to be a divisive issue in political debates. A 1977 amnesty law, part of the democratic transition and the associated Pact of Forgetting, has served to limit prosecutions for Franco-era human rights abuses. However, recent legislation has sought to tackle the Franco legacy, including a 2022 Democratic Memory law, which banned organisations that glorify the Franco regime.
In the last five years, a secessionist challenge from the region of Catalonia and a more fragmented parliament have put additional pressure on the political system. National unity remains elusive, exemplified by the organization of a non-authorized referendum for the independence of Catalonia in 2017. The underlying tensions were reignited by a recent law granting amnesty to the pro-independence activists and former public officials involved in the secession attempt. Moreover, widespread corruption scandals have undermined society’s trust in political institutions. The rise of new political parties, which represent a more diverse spectrum of ideologies in the country, has also challenged the bipartisan party system that emerged during the transition and fuelled affective polarization. Although democratic institutions are strong in Spain, the country has not been spared from the rise of extremist ideologies. Immigration has become a key point of contention, and has come to the fore in connection with recent mass border crossings in Spanish exclaves, Ceuta and Melilla. Economic equality is another important concern; only 16.3 per cent of Spanish youth are living independently from their families because of unaffordable housing.
Spain is high-performing in Gender Equality, passing landmark “only yes is yes” consent laws, legislation promoting gender parity in political and business institutions, a broad range of reproductive rights legislation, and a law expanding transgender rights. However, gender-based violence has increased over the last decade, and domestic violence remains an issue in Spanish society.
Looking ahead, it will be important to watch Rule of Law in view of an increasingly fragmented political landscape and rising polarization. The fraught and drawn-out process to reach agreement to reform the judiciary’s governing body is one example of the impact on the quality of democracy. Additionally, it will be important to watch the 2024 Amnesty Law for impacts on Rule of Law. Notably, the Venice Commission urged greater precision in the application of the law and cautioned against inadvertently terminating cases unrelated to the 2017 secession attempt. Finally, it will be important to watch Social Group Equality in view of recent constitutional amendments enshrining a commitment to protect disability rights and changes in congressional regulations to ensure the use of Catalan, Galician and Basque languages in Parliament.
Last updated: July 2024
https://www.idea.int/democracytracker/
September 2024
Government launches democracy action plan
On 17 September, the government approved a broad Action Plan for Democracy, a package of measures intended to enhance media independence and the right to information. Key initiatives include the drafting of an Open Administration Law to improve the quality of government information, the establishment of an independent authority to protect whistleblowers in public administration, measures for the disclosure of assets and interests by ministers and political parties, and legal safeguards to protect journalists’ sources. The plan also envisages the creation of a media register to improve transparency around media ownership and funding, to be maintained by an independent regulatory body. Building on consultations with parliamentary groups conducted in July, the plan will be implemented over three years and monitored by an inter-ministerial commission.
Sources: La Moncloa, International Press Institute, Publico, Euractiv
June 2024
Agreement reached to renew judicial service commission, ending five-year stalemate
On 25 June, the government and main opposition party, the Popular Party (PP), agreed to the renewal of the 20 members of the General Council of the Judiciary (CGPJ), the highest governing body in charge of appointments, promotion and transfers of judges, and of ensuring the independence of courts. The mandate of existing CGPJ members expired over five years ago, but since Parliament was not able to approve replacements with the required three-fifths majority, they have continued to serve in their roles. Additionally, the parties agreed to initiate reform of the Organic Law of the Judiciary to strengthen the independence of judges and public prosecutors. Finally, the new members of the CGPJ have been given six months to propose a new method for appointing members of the CGPJ in the future, responding to a recommendation from the European Commission in recent Spanish Rule of Law reports. The European Commission helped to mediate the negotiations for renewal of the CGPJ since January 2024.
Sources: Euronews (1), Euronews (2), European Commission (1), European Commission (2), EFE, El Confidencial
May 2024
Parliament passes controversial law granting amnesty to Catalan separatists
On 30 May, Parliament narrowly approved an amnesty bill, which, once implemented, entails a release from liability for separatists involved in the 2017 Catalan secession attempt. The amnesty does not apply to cases of particularly heinous crimes such as torture, terrorism or serious inhumane treatment, and must be applied by courts on a case-by-case basis. The law passed with 177 votes in favour and 172 against. The amnesty law, which is expected to apply to an estimated 400 pro-independence activists and former public officials, has led to large-scale protests and criticism from opposition parties. A review of the law by the Venice Commission of the Council of Europe for compliance with the Rule of Law recommended greater precision in the law’s application to ensure legal certainty and cautioned against inadvertently terminating cases unrelated to the social tensions. The Venice Commission noted that the bill had followed an urgent procedure with limited public consultation, and recommended that passage of the bill require a higher qualified majority in Congress.
Sources: The Venice Commission, El País (1), El País (2), Euronews, International IDEA, the Congress of Deputies, Foreign Policy, NPR
January 2024
Parliament passes historic constitutional amendments changing language on disabilities
Parliament approved constitutional amendments for the third time in the history of the 1978 Constitution (adopted after the Franco dictatorship). The changes remove the term “handicapped” (“disminuido”) from Article 49 and replace it with “persons with a disability,” a long-sought demand of disability rights advocates, including the Spanish Committee of Representatives of People with Disabilities (CERMI). The amendments additionally introduce a commitment by public administration to pursue policies that “guarantee the complete autonomy and social inclusion of people with disabilities.” President of CERMI, Luis Cayo Pérez Bueno, celebrated the amendments, and stated that they were made “hand-in-hand with civil society, social movements, and people with disabilities, and their families.” The final vote in the Senate on 26 January resulted in 254 votes in favour and three votes against from Vox party MPs, far exceeding the three-fifths majority required for constitutional reform.
Sources: Euronews, The Guardian, Boletín Oficial del Estado, ConstitutionNet, CERMI (1), CERMI (2)
Supreme Court finds 2021 returns of migrant children to Morocco illegal
On 22 January, the Supreme Court ruled that Spanish authorities acted illegally in 2021 when they returned unaccompanied Moroccan minors, who had crossed the border into the Spanish autonomous city of Ceuta. In May 2021, an estimated 12,000 people circumvented the border fences to enter Ceuta (including approximately 1,500 minors). The Court found the returns contravened the procedure for the repatriation of foreign minors set out in Spanish Immigration Law, and constituted collective expulsion, prohibited by the European Convention on Human Rights. The ruling also determined that Spanish authorities violated the minors’ rights to physical and moral integrity. Spanish officials had argued that a 2007 bilateral agreement with Morocco provided the basis for the decision to return the minors and noted the exceptional circumstances of the 2021 border crossing. The ruling clarified that the 2007 agreement does not constitute sufficient grounds for the return of migrant children.
Sources: Poder Judicial, Pressenza, InfoMigrants, AP
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