
Spain

Spain performs in the high range in all four categories of the Global State of Democracy framework, and it ranks in the top 25 percent of countries globally in almost all factors of democratic quality. Between 2019-2024, it experienced improvements in Access to Justice and Freedom of Expression, alongside declines in Credible Elections and Rule of Law (Absence of Corruption, Judicial Independence and Predictable Enforcement). It is home to one of the largest and fastest growing economies in Europe, driven by its services and manufacturing industries.
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 continued, with the 2017 unauthorized referendum for the independence of Catalonia reflecting underlying tensions. The role of historical memory remains a divisive issue in political debates. A 1977 amnesty law, part of the democratic transition and the associated Pact of Forgetting, limited 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 decade, a more fragmented Parliament has increased pressure on the political system. The rise of new political parties, representing a more diverse spectrum of ideologies, has challenged the bipartisan party system that emerged during the transition and fuelled affective polarization. National unity remains elusive, with opposition groups critical of an amnesty Law for pro-independence activists and most former public officials involved in the Catalonia secession attempt. Meanwhile, new parliamentary rules now allow the use of Catalan, Galician and Basque languages in Parliament, reflecting regional diversity.
Although democratic institutions are strong, corruption scandals have undermined society’s trustin political representatives. Judicial independence has also faced scrutiny, with ongoing disagreements regarding judicial oversight and concerns about partisan influence in judicial appointments. Immigration is also a key point of contention, particularly in relation to mass border crossings in the Spanish exclaves of Ceuta and Melilla, as well as in the Canary Islands. However, new immigration regulations are set to regularize the legal status of thousands. Economic equality is another important concern, particularly due to unaffordable housing—an issue that has sparked protests, with local residents also mobilizing in overcrowded tourist hotspots.
Spain is high-performing in Gender Equality, with 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.
Looking ahead, it will be important to watch Rule of Law amid rising polarization, corruption scandals and the recent response to natural disasters and infrastructure failures. Proposed reforms to the judicial career access system will merit particular attention for their potential impact on Judicial Independence.
Last updated: June 2025
https://www.idea.int/democracytracker/
May 2025
Government submits bill to reform judicial career and prosecutorial role
On 13 May, the Council of Ministers approved a draft law to change how judges and prosecutors are selected, sending it to parliament for debate. The government says the proposals aim to modernize the judicial system and would mark the first major reform in 40 years. Currently, candidates must pass a highly competitive national exam known as the oposición, which requires years of unpaid preparation. The reform would introduce alternative paths, such as considering prior professional experience and providing financial support like scholarships to reduce economic barriers to preparation. The proposal would also shift responsibility for criminal investigations from judges to prosecutors. Supporters argue the changes would make these careers more accessible and diverse by lowering financial burdens for aspiring candidates. Critics, however, warn that transferring investigative powers to prosecutors could threaten judicial independence, since prosecutors ultimately report to the executive.
Sources: Spanish Council of Ministers, Cinco Días, El País, Europa Press
April 2025
Nationwide demonstrations take place over rental housing crisis
On 5 April, tens of thousands of people marched across 39 cities to protest the soaring cost of housing and the growing difficulty of affording rent or buying a home. Organizers estimated 150,000 participants in Madrid and over 100,000 in Barcelona alone, while local authorities cited lower numbers. The protests were organized by tenants’ unions, neighborhood associations, and other civil society groups to denounce the lack of affordable housing, the sharp rise in property and rental prices, and speculation in the real estate market, especially in urban areas. Protesters called for measures such as rent caps, stronger protections for tenants, and stricter regulations on short-term tourist rentals. Earlier this year, the government unveiled a national housing policy plan ("Plan Estatal de Vivienda") that includes expanding the public housing stock and offering rental subsidies, with a focus on improving access for the most vulnerable populations.
Sources: El País, Associated Press, Telecinco, RTVE, El Confidencial
November 2024
Council of Ministers approves new immigration regulations
On 19 November, the Council of Ministers approved new immigration regulations to simplify residency and work permit processes for foreign nationals. A key change reduces the required continuous stay from three years to two for obtaining a residence permit based on "arraigo" (rootedness, reflecting ties to Spain). The decree will also make it easier for undocumented migrants to regularize their status, including those denied international protection. Migrants will receive an initial one-year work permit, renewable for four-year periods, while job-seeking visas will be extended from three months to one year. Family reunification rules are relaxed, raising the eligible age for children from 21 to 26, and allowing non-registered couples to apply. The updated regulations take effect on 20 May 2025, and the government expects the changes will regularize the status of 300,000 people per year over the next three years.
Sources: Boletin Oficial del Estado, Ministerio de Inclusion, Seguridad Social y Migraciones, El Pais
October 2024
Spain devastated by deadly floods
As of 31 October, severe flooding in southern and eastern Spain had resulted in the deaths of 158 people. Experts pointed to poor urban planning and outdated infrastructure, which allowed settlement in high-risk areas, as major contributing factors. According to climate experts, climate change exacerbated the storms, leading to flash flooding after prolonged droughts that left the ground unable to absorb the water. The Defense Ministry deployed the military to facilitate rescue operations, and in Valencia, Spain’s third most populous city, the local government reported a large number of citizens’ solidarity initiatives. Regional authorities were criticised for delayed and inadequate warnings, as well as a lack of clear instructions for those at risk, leading to discussions about augmenting risk preparedness and emergency coordination.
Sources: El Pais, France24, BBC, Politico, Generalitat Valenciana
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