Note on the report on Spain’s compliance in the fight against political and electoral corruption prepared by the Group of States against Corruption (GRECO) of the Council of Europe.
The Group of States against Corruption of the Council of Europe (49 states) adopted at its 70th plenary meeting (4 December 2015, published on 5 February 2016) in the Third Evaluation Round the Second Addendum to the Spanish Compliance Report on Investigation (regulated in the Criminal Law Convention on Corruption) and Transparency in the Financing of Political Parties and Electoral Campaigns (regulated in Recommendation Rec (2003)4 on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns).
GRECO concludes that of the fifteen recommendations made to Spain, eleven have been satisfactorily implemented or dealt with satisfactorily. The remaining four recommendations have been partially implemented. GRECO “is pleased with the commitment made by Spain to solve the technical deficiencies existing in its criminal legislation and to adapt them to the provisions contemplated in the Criminal Convention on Corruption and its Additional Protocol when Spain ratified them”.
With the approval of this Second Addendum to the Compliance Report, the Third Evaluation Round to Spain ends after having complied with the recommendations of GRECO.
Spain has complied with the recommendations regarding the control of political financing and the application of effective sanctions in the case of infringements in cases of corruption, expanding the range of the sanction and including all persons and entities.
Transparency in the accounts and performances of the parties. Obligation to publish them on their website one month after they are submitted to the Court of Auditors. Law 19/2013 on Transparency, Access to Public Information and Good Governance also requires political parties to have obligations regarding active publicity.
The procedures for financing parties, loans, donations, etc. are regulated.
Improvement of the system of internal audit of political formations and of transparency and control of party accounts.
Improving the resources of the Court of Auditors to carry out its tasks of monitoring political funding more effectively.
With regard to corruption investigation procedures, Spain has also complied with the following recommendations:
It includes active and passive corruption and the immaterial advantages contemplated in the provisions of the Criminal Code relating to corruption, including the trading of influences.
It includes the prosecution of corruption in the private sector.
Increased penalties for corruption offences, to ensure that they can lead to extradition and increased penalties for trading in influence.
It includes cases of corruption committed by foreign officials or international agencies located in Spain.
It abolishes the requirement of double imputation in relation to crimes of corruption and trading in influence committed abroad.
Spain has carried out profound reforms in the Penal Code and in the Law on the Control of the Economic Activity of Political Parties to advance in the fight against corruption. With regard to imputation or investigation, Organic Law 1/2015, of 30 March, amending Organic Law 10/1995, of 23 November, of the Penal Code includes among other cases the criminal responsibility of legal persons, the regulation of active influence trafficking, harsher penalties for corruption offences and, above all, for cases committed in international economic transactions.
With regard to the transparency of party financing, the aforementioned law requires the transparency of its economic activity and introduces new criminal offences related to the crime of illegal financing of political parties.
For its part, the reform carried out by Organic Law 3/2015, of March 30, on the control of the economic-financial activity of Political Parties, which amends Organic Law 8/2007, of July 4, on the financing of Political Parties, Organic Law 6/2002, of June 27, on Political Parties and Organic Law 2/1982, of May 12, of the Court of Auditors, includes the control of the economic-financial activity of political formations, the prohibition of donations from legal persons and the obligation to publicize the accounts of the parties, among others.
The preamble of the Law recalls that “Political parties are essential actors in political, economic and social life. As a channel for the participation of citizens in public affairs, they are subjects of rights. As participants in the structure of the State itself, they must be, and are, subjects of obligations. Therefore, along with responsibility, it must be exemplary that presides over the actions of these entities that support the social centrality of democracy.”
