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/
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
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
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