Spain
Spain is a mid-performing democracy and is one of the biggest economies in Europe. It successfully transitioned from a military dictatorship to a democracy in 1978 through a process of negotiation known as the Transición. Since then, the country has maintained stable democratic performance, despite challenges such as secessionism, terrorism, corruption scandals and economic crises. 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. Yet, the country has experienced notable improvements in the Absence of Corruption.
Spain’s recent history is marked by the negotiated political transition between 1975 and 1978 that transformed the country from a conservative military dictatorship into a full-fledged democracy. The process culminated in the approval of the Constitution and the return of democracy in 1978. While the Transición sought to make a clean break from the past, it failed to address several demands for justice and reconciliation from those oppressed during the dictatorship. The transition addressed regional tensions by awarding notable autonomy to regional governments. These arrangements aimed to recognize the historic national identities of the Basque Country, Catalonia and Galicia. Regional autonomy, however, did not prevent the continuation of terrorist activities by the Basque separatist group, E.T.A. Terrorism, together with the modernization of the economy and society and the construction of a welfare state, marked the development of the country until the 2010s.
In recent years, with the stagnation of rapid economic growth, especially since the economic crisis of 2008 and the abandonment of terrorism by the separatist group, E.T.A, the country and its political landscape has faced new challenges. National unity remains elusive, as some of the main political actors in Catalonia have challenged the central government by organizing a non-authorized referendum for independence in 2017. 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 challenged the bipartisan party system that emerged during the transition, leading to its collapse and to a scenario in which coalitions are necessary to form governments at the regional and national levels. Currently, the national political landscape is much more fragmented, reflecting three main cleavages: national vs. regional identities, conservative vs. progressive ideologies and a rising one between the densely populated economic nodes on the coast and Madrid vs. the emptied central lands of the country (España vaciada).
Looking ahead, it will be important to watch the fragmented political landscape and rising polarization. The inability to reach a broad agreement to reform the judiciary’s governing body is one example of how fragmented politics and rising polarization might affect the quality of democracy in the country. Although many democratic institutions are strong in Spain, the country has not been spared from the rise of extremist ideologies. These threaten recent gains in Fundamental Rights. At the same time, Spain has been at the forefront of gender equality, passing landmark “only yes is yes” consent laws, a broad range of reproductive rights legislation and a transgender rights law. How these are implemented and how they impact the future of gender equality will be important to monitor.
Monthly Event Reports
August 2023 | Government approves new agency for the supervision of AI
The Council of Ministers approved the statute of the Spanish Agency for the Supervision of Artificial Intelligence (AI) (AESIA), becoming the first European country to establish a dedicated regulatory agency to ensure the responsible use of AI. The body will be attached to the Ministry of Economic Affairs and Digital Transformation. The European Union is currently debating legislation which will require EU member states to form national supervisory authorities responsible for monitoring the enforcement of AI regulations. AESIA will be independent from the government and tasked with overseeing the use of AI in both the private and public sectors, with the ability to sanction harmful uses of AI. AlgorithmWatch has reported that the government failed to adequately include civil society when conceptualizing the agency and its functions, after civil society organisations called on the government to draw on their knowledge and experiences in a joint letter in September 2022.
July 2023 | Spain holds elections, results show no clear majority
In snap elections held on 23 July, both the opposition centre-right Popular Party (PP) and the governing Socialist Party (PSOE) gained votes at the expense of radical parties, as well as regional and independence parties. PP won the most seats in the Congress of Deputies (136), gaining 47 more seats compared to the 2019 general elections. PSOE won more votes than expected, as did its likely coalition partner, far-left Sumar. Far-right Vox dropped from 52 deputies to 33, but narrowly retains its position as third biggest party. However, both the left-wing and right-wing bloc fall short of the 176-seat threshold required for a majority, complicating government formation. Voter turnout reached 70 per cent, up by 4 percentage points compared to 2019, despite the elections taking place during the summer holidays. The volume of postal votes reached record highs, more than doubling the number of mail-in ballots from 2019, as many were on vacation and therefore not near their polling places. Women make up 48.8 per cent of the Congress of the Deputies candidates (compared to 48.2 per cent in 2019), but only 39.7 per cent of the heads of the list.
May 2023 | Prime Minister calls snap elections after victory for the right in local elections
Poor results for the ruling Socialist party (PSOE) in local and regional elections led Prime Minister Pedro Sánchez to call for snap elections, which have been set for 23 July. The Council of Ministers subsequently approved a royal decree to dissolve Parliament. The opposition conservative People’s party won 31.5 per cent of the vote in the local elections (a 9 per cent increase from the 2019 elections) covering over 8,000 municipalities, and secured an absolute majority in both the Madrid region and in the city council. The ultra-conservative Vox party also made gains, and came in third place with 7.2 per cent of the municipal vote. There were also cases of arrests for alleged vote buying in Mojácar and Albudeite, two towns in the Southeast, and in the Spanish North African enclave of Melilla, with investigations ongoing.
April 2023 | Parliament approves amendments to sexual consent law
Parliament approved amendments to the sexual consent law, known as “Solo sí es sí,” which reformed the criminal code to remove the legal distinction between sexual abuse and rape, thereby widening the range of penalties for both crimes. The amendments were introduced in response to a loophole in the law’s sentencing guidelines, which led to the release of more than 100 offenders and reduced sentences for almost 1,000 others, generating backlash. The amendments are designed to strengthen minimum penalties, in order to mitigate retroactive sentence reductions and releases, and re-introduce a distinction between sexual assault with and without violence or intimidation. The amendments were opposed by Podemos, the party that spearheaded the law in August 2022, who view the new changes as shifting the burden of proof back onto the victim, undoing what had been the original law’s primary accomplishment. The amendments were termed a “severe setback to women’s rights” by Podemos member Irene Montero, Minister for Equality.
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GSoD Indices Data 2013-2022
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