Consensus-Building
#14Key Findings
Spain falls into the middle ranks internationally (rank 14) in the category of consensus-building.
The National Foresight and Strategy Office, established in 2020, analyzes future challenges and opportunities to help the country prepare for them. There are no formal mechanisms linking the government with external experts, though ministries often consult scholars and analysts during the early stages of lawmaking.
Employers’ organizations and trade unions have an institutionalized channel for consulting with the government through Economic and Social Council. However, these bodies have recently expressed dissatisfaction with their participation, indicating a lack of government follow-up.
Social welfare participation is more sporadic, and less influential. Leading environmental groups are increasingly involved in expert commissions, public hearings and performance monitoring functions. A centralized online platform provides access to ongoing legislative and government data. The country is ranked high with regard to its open data initiatives.
The National Foresight and Strategy Office, established in 2020, analyzes future challenges and opportunities to help the country prepare for them. There are no formal mechanisms linking the government with external experts, though ministries often consult scholars and analysts during the early stages of lawmaking.
Employers’ organizations and trade unions have an institutionalized channel for consulting with the government through Economic and Social Council. However, these bodies have recently expressed dissatisfaction with their participation, indicating a lack of government follow-up.
Social welfare participation is more sporadic, and less influential. Leading environmental groups are increasingly involved in expert commissions, public hearings and performance monitoring functions. A centralized online platform provides access to ongoing legislative and government data. The country is ranked high with regard to its open data initiatives.
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To what extent is the government successful in effectively harnessing the best available scientific knowledge for policymaking purposes?
10
9
9
The government is able to harness the best available scientific knowledge for policymaking purposes.
8
7
6
7
6
In most cases, the government is able to harness the best available scientific knowledge for policymaking purposes.
5
4
3
4
3
Only rarely is the government able to harness the best available scientific knowledge for policymaking purposes.
2
1
1
The government is not able to harness the best available scientific knowledge for policymaking purposes.
Recent institutional innovations in Spain have aimed to incorporate scientific expertise into both the executive and legislative branches, marking a shift from the traditional reliance on in-house experts. The most significant of these innovations is the National Foresight and Strategy Office, established in 2020. Now a Directorate General of the Presidency of the Spanish Government, this office analyzes future challenges and opportunities to help the country prepare for them. It collaborates closely with ministries, state bodies, universities, think tanks, foundations, NGOs, and civil society organizations. This office has become a regular interlocutor with the European Commission on policy strategy, contributing to Spain’s third-place ranking in the previous SGI strategic planning indicator (Sustainable Governance Indicators 2022).
However, there are no institutional mechanisms to ensure a formalized connection between the government and external experts. Although university scholars, think tank analysts, and practitioners are often consulted by ministries, this typically occurs only at the beginning of the legislative process to prepare draft bills and assess their impact.
To ensure the participation of civil society groups and the private sector in the design and implementation of the Recovery and Resilience Plan (RRP), several consultative councils have been established. In 2022, the government sought external advice for fiscal reform, and the names of the experts and the final report were published. These experts represented a broad geographic spectrum and diverse perspectives. The Ministry of Labor based its 2022 initiative to increase the minimum wage on a report from a commission of experts, whose names and the final report were also published.
The Spanish government presents its legislative projects on a sound scientific basis, leveraging expertise from European and international institutions. Generally, during the period under review, the scientific community was not particularly critical of the government’s central plans, such as those concerning climate change, digitalization, or economic transition. However, there have been frequent criticisms from non-governmental actors regarding the reform of the civil code and the amnesty law, popularly known as the “only yes means yes” law, which allowed some convicted offenders to have their sentences reduced.
Citations:
Government of Spain. 2023. “Interprofessional Advisory Commission on the Minimum Interprofessional Wage.” https://prensa.mites.gob.es/WebPrensa/downloadFile.do?tipo=documento&id=4.175&idContenido=4.234
Committee of Experts. 2022. White Paper on Tax Reform. Madrid: Instituto de Estudios Fiscales.
Sustainable Governance Indicators. 2023. “Strategic Planning.” https://www.sgi-network.org
https://www.sgi-network.org/2022/Good_Governance/Executive_Capacity/Strategic_Capacity/Strategic_Planning
Cañibano, C., and Real Dato, J. 2023. El ecosistema de asesoramiento científico y técnico a las políticas públicas en España. Luxembourg: UE Publications Office.
However, there are no institutional mechanisms to ensure a formalized connection between the government and external experts. Although university scholars, think tank analysts, and practitioners are often consulted by ministries, this typically occurs only at the beginning of the legislative process to prepare draft bills and assess their impact.
To ensure the participation of civil society groups and the private sector in the design and implementation of the Recovery and Resilience Plan (RRP), several consultative councils have been established. In 2022, the government sought external advice for fiscal reform, and the names of the experts and the final report were published. These experts represented a broad geographic spectrum and diverse perspectives. The Ministry of Labor based its 2022 initiative to increase the minimum wage on a report from a commission of experts, whose names and the final report were also published.
The Spanish government presents its legislative projects on a sound scientific basis, leveraging expertise from European and international institutions. Generally, during the period under review, the scientific community was not particularly critical of the government’s central plans, such as those concerning climate change, digitalization, or economic transition. However, there have been frequent criticisms from non-governmental actors regarding the reform of the civil code and the amnesty law, popularly known as the “only yes means yes” law, which allowed some convicted offenders to have their sentences reduced.
Citations:
Government of Spain. 2023. “Interprofessional Advisory Commission on the Minimum Interprofessional Wage.” https://prensa.mites.gob.es/WebPrensa/downloadFile.do?tipo=documento&id=4.175&idContenido=4.234
Committee of Experts. 2022. White Paper on Tax Reform. Madrid: Instituto de Estudios Fiscales.
Sustainable Governance Indicators. 2023. “Strategic Planning.” https://www.sgi-network.org
https://www.sgi-network.org/2022/Good_Governance/Executive_Capacity/Strategic_Capacity/Strategic_Planning
Cañibano, C., and Real Dato, J. 2023. El ecosistema de asesoramiento científico y técnico a las políticas públicas en España. Luxembourg: UE Publications Office.
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To what extent does the government facilitate the participation of trade unions and business organizations in policymaking?
10
9
9
The government is able to effectively involve trade unions and business organizations in policy development.
8
7
6
7
6
Most of the time, the government is able to effectively involve trade unions and business organizations in policy development.
5
4
3
4
3
The government is rarely able to effectively involve trade unions and business organizations in policy development.
2
1
1
The government is not able to effectively involve trade unions and business organizations in policy development.
The Economic and Social Council (ESC) consists of employers’ organizations, trade unions, and other societal representatives, as provided for in the constitution. Other government advisory bodies are established by specific policies. The ESC and other advisory bodies issue opinions on draft legislation, but these opinions are not binding on the government.
The extent of labor representatives’ participation in executive policymaking varies with the governing party. Under the current left-wing executive, particularly since 2020, this cooperation has been limited. Between 2022 and 2023, trade unions, business organizations, and the government signed several agreements, including those related to temporary layoffs. The government has been successful in moderating disputes within employer organizations and trade unions and has supported agreements such as increasing the minimum wage. However, members of trade unions and employer organizations have expressed dissatisfaction with their participation in the policymaking process, indicating that the government does not always follow up on consultation talks or present policy initiatives before these talks begin.
The extent of labor representatives’ participation in executive policymaking varies with the governing party. Under the current left-wing executive, particularly since 2020, this cooperation has been limited. Between 2022 and 2023, trade unions, business organizations, and the government signed several agreements, including those related to temporary layoffs. The government has been successful in moderating disputes within employer organizations and trade unions and has supported agreements such as increasing the minimum wage. However, members of trade unions and employer organizations have expressed dissatisfaction with their participation in the policymaking process, indicating that the government does not always follow up on consultation talks or present policy initiatives before these talks begin.
To what extent does the government facilitate the participation of leading social welfare CSOs in policymaking?
10
9
9
The government is able to effectively involve leading social welfare CSOs in policy development.
8
7
6
7
6
Most of the time, the government is able to effectively involve leading social welfare CSOs in policy development.
5
4
3
4
3
The government is rarely able to effectively involve leading social welfare CSOs in policy development.
2
1
1
The government is not able to effectively involve leading social welfare CSOs in policy development.
7
Government officials and CSOs frequently engage in social welfare, though this role varies across policy areas depending on decentralization and the governing parties. For example, in youth policies, CSOs’ participation is channeled through the Council of Youth. However, the frequent use of emergency legislation has limited CSOs’ effective participation in legislative proposal preparation.
The government has also convened numerous meetings with social stakeholders to structure and monitor the implementation of the RRP. According to Eurofound, while the outcomes and overall satisfaction of social partners were positive, there were complaints about insufficient preparation time and lack of timely background information. The government did not provide the necessary background information in a timely manner. As a result, the social partners often found it challenging to prepare for work sessions.
The government’s involvement in moderating disputes among CSOs or following up on consultation talks is less compared to its role with unions and employers. The Minister for Social Affairs, appointed in 2022 and 2023, ranked low in terms of meetings with CSOs, having held only nine meetings according to their public agenda.
Citations:
Eurofound. 2022. Involvement of Social Partners in the National Recovery and Resilience Plans. Luxembourg: Publications Office of the European Union.
Government officials and CSOs frequently engage in social welfare, though this role varies across policy areas depending on decentralization and the governing parties. For example, in youth policies, CSOs’ participation is channeled through the Council of Youth. However, the frequent use of emergency legislation has limited CSOs’ effective participation in legislative proposal preparation.
The government has also convened numerous meetings with social stakeholders to structure and monitor the implementation of the RRP. According to Eurofound, while the outcomes and overall satisfaction of social partners were positive, there were complaints about insufficient preparation time and lack of timely background information. The government did not provide the necessary background information in a timely manner. As a result, the social partners often found it challenging to prepare for work sessions.
The government’s involvement in moderating disputes among CSOs or following up on consultation talks is less compared to its role with unions and employers. The Minister for Social Affairs, appointed in 2022 and 2023, ranked low in terms of meetings with CSOs, having held only nine meetings according to their public agenda.
Citations:
Eurofound. 2022. Involvement of Social Partners in the National Recovery and Resilience Plans. Luxembourg: Publications Office of the European Union.
To what extent does the government facilitate the participation of leading environmental CSOs in policymaking?
10
9
9
The government is able to effectively involve leading environmental CSOs in policy development.
8
7
6
7
6
Most of the time, the government is able to effectively involve leading environmental CSOs in policy development.
5
4
3
4
3
The government is rarely able to effectively involve leading environmental CSOs in policy development.
2
1
1
The government is not able to effectively involve leading environmental CSOs in policy development.
Leading environmental groups and CSOs have gained technical competence and are increasingly engaged by the government in expert commissions, public hearings, and performance monitoring. Governmental objectives for climate change and energy transition are discussed with CSOs. The Ministry of Ecologic Transition has established an online platform listing all ongoing consultations, allowing CSOs to participate before regulatory development and during the draft regulation stage. Environmental CSOs express satisfaction with their participation, with limited criticism.
During the review period, the frequent use of emergency legislation has limited CSOs’ effective participation in legislative proposal preparation. However, the current Minister for Environment ranks seventh in frequency of meetings with civil society representatives among ministers appointed between 2012 and 2023, with 72 meetings.
During the review period, the frequent use of emergency legislation has limited CSOs’ effective participation in legislative proposal preparation. However, the current Minister for Environment ranks seventh in frequency of meetings with civil society representatives among ministers appointed between 2012 and 2023, with 72 meetings.
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To what extent does the government publish data and information that empowers citizens to hold the government accountable?
10
9
9
The government publishes data and information in a manner that empowers citizens to hold the government accountable.
8
7
6
7
6
Most of the time, the government publishes data and information in a manner that empowers citizens to hold the government accountable.
5
4
3
4
3
The government rarely publishes data and information in a manner that strengthens citizens to hold the government accountable.
2
1
1
The government does not publish data and information in a manner that strengthens citizens’ capacity to hold the government accountable.
The Spanish government frequently publishes data and information to enable citizen accountability. The centralized online platform, transparencia.gob.es, lists all ongoing legislative initiatives and consultations, facilitating citizen participation. This platform provides access to the yearly regulatory planning agenda for primary laws and subordinate regulations. It also annually publishes statistics on citizen utilization of the platform and hosts content related to transparency and good governance in public administration.
In December 2022, the president of the government presented the annual report “Cumpliendo” (Fulfilling), enhancing the accountability of the executive’s work. Since 2019, Spain has ranked 8th among OECD countries in open, useful, and reusable government data.
In October 2020, the government approved the Fourth Open Government Plan (2020–2024). According to the Transparency and Accountability Working Group, which monitors the plan’s implementation, only 2% of the planned initiatives had not been started by November 2023. The monitoring report is published in a user-friendly format on the open government data portal, where citizens can also provide feedback and comments.
Under the Open Government Plan, the government has adopted measures to foster data-driven management, particularly in the field of justice, and promoted data reuse by amending Law 37/2007 on the reuse of public sector information in 2023. Since 2011, the State Technical Committee for the Administration of e-Justice has promoted the interoperability of systems and applications used by the Administration of Justice.
In line with these efforts and as part of the RRP, the Council of Ministers approved measures in December 2023 for the digital and procedural transformation of the Justice Administration. These measures include creating the Justice Folder, which allows individuals to consult their case files and request appointments. An Electronic Judicial File is also being promoted to include all documents forming part of a judicial procedure.
Citations:
Transparency and Accountability Working Group. 2023. “https://transparencia.gob.es/transparencia/transparencia_Home/index/Gobierno-”
OECD. 2019. “Government at a Glance.”
In December 2022, the president of the government presented the annual report “Cumpliendo” (Fulfilling), enhancing the accountability of the executive’s work. Since 2019, Spain has ranked 8th among OECD countries in open, useful, and reusable government data.
In October 2020, the government approved the Fourth Open Government Plan (2020–2024). According to the Transparency and Accountability Working Group, which monitors the plan’s implementation, only 2% of the planned initiatives had not been started by November 2023. The monitoring report is published in a user-friendly format on the open government data portal, where citizens can also provide feedback and comments.
Under the Open Government Plan, the government has adopted measures to foster data-driven management, particularly in the field of justice, and promoted data reuse by amending Law 37/2007 on the reuse of public sector information in 2023. Since 2011, the State Technical Committee for the Administration of e-Justice has promoted the interoperability of systems and applications used by the Administration of Justice.
In line with these efforts and as part of the RRP, the Council of Ministers approved measures in December 2023 for the digital and procedural transformation of the Justice Administration. These measures include creating the Justice Folder, which allows individuals to consult their case files and request appointments. An Electronic Judicial File is also being promoted to include all documents forming part of a judicial procedure.
Citations:
Transparency and Accountability Working Group. 2023. “https://transparencia.gob.es/transparencia/transparencia_Home/index/Gobierno-”
OECD. 2019. “Government at a Glance.”