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/
September 2025
Attorney General to face trial over alleged media leakage
On 9 September, a Supreme Court judge announced that Attorney General Álvaro García Ortiz will stand trial for allegedly leaking confidential information to the press, what would constitute a breach of official secrecy under Spanish law. This marks the first time in modern Spanish democracy that an Attorney General will face criminal prosecution. The case revolves around the leak of an email sent by the lawyer of businessman Alberto González Amador (partner of Isabel Díaz Ayuso, President of the Community of Madrid and a member of the opposition People’s Party (PP)), to the prosecutor handling his tax fraud case. The email, containing details of a reportedly proposed settlement, was allegedly disclosed to the media by the Attorney General’s office. García Ortiz, who was appointed by the current government, has denied leaking any confidential information and continues to serve in office, with the judge having set bail at EUR 150,000. The outcome of the case remains pending, with the trial scheduled for the first half of November.
Sources: Radio Televisión Española, El País (1), El País (2)
August 2025
Lower court indicts PM Sánchez’s wife on embezzlement charges
On 18 August, a lower court indicted Begoña Gómez, wife of Prime Minister Pedro Sánchez, on charges of embezzling public funds in connection with her work at the Complutense University of Madrid. Prosecutors allege she misused public resources to pay her personal assistant for non-academic duties, adding to ongoing investigations into influence peddling dating back to 2024. Prime Minister Sánchez denounced the case as politically motivated ‘lawfare,’ coming after other legal proceedings involving his brother. Sánchez had also previously filed a complaint against the judge that handles the case, alleging judicial misconduct; but this was dismissed by the Madrid High Court. The proceedings against Gómez were initiated by the far-right group Manos Limpias (known for filing corruption-related lawsuits), with backing from the Vox party and the advocacy group Hazte Oír (which typically campaigns against LGBTQIA+ and abortion rights in Spain). The case is ongoing.
Sources: EU Observer, Cadena SER, El País, EuropaPress
July 2025
Far-right anti-migrant violence erupts in southeastern town
On 13 July, a rare wave of anti-migrant violence erupted in Torre Pacheco, a town in the southeastern region of Murcia. The unrest was sparked by the beating of an elderly local man by three young men of North African origin on 9 July. Far-right groups, including some from outside the region, co-opted the incident (which was circulated on social media alongside inflammatory misinformation) to mobilize, and staged violent and racially motivated marches in the town. Over five days, these groups vandalized migrant-owned businesses and intimidated residents in the town’s neighborhoods, home to a large migrant population. Security forces were deployed to contain the violence and prevent direct clashes between agitators and locals. Authorities arrested at least 14 people, including the leader of a far-right group on hate crime charges. The Murcia Prosecutor’s Office also launched an investigation into the regional leader of the far-right Vox party for alleged incitement to hatred.
Sources: El País (1), El País (2), Cadena Ser, Eldiario.es, British Broadcasting Corporation
Former minister Montoro indicted in corruption probe involving gas companies
On 17 July, a lower court charged former finance minister Cristobal Montoro, along with 27 others, including high-ranking officials, in a corruption case involving the creation of a criminal network that altered laws to benefit gas companies during Montoro’s latest tenure between 2011 and 2018. Equipo Económico, a tax consulting firm originally founded by Montoro and involved in providing advice to businesses, has been implicated in the scandal, with the investigation looking into whether this firm went beyond legitimate ‘lobbying’ in influencing certain legislative projects to benefit its clients, securing the support of officials in the Ministry and the Tax Agency through kickbacks. Montoro resigned from his party membership in the Popular Party (PP) following the indictment. Current Prime Minister Pedro Sanchez announced that the government will seek to repeal the fiscal privileges granted to the companies involved in the scandal. The investigation is ongoing.
Sources: Radio Televisión Española, El País, Cadena Ser
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
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