Horizontal Accountability
#17Key Findings
Spain falls into the middle ranks internationally (rank 17) in the category of horizontal accountability.
The Court of Audit is responsible for auditing the state’s accounts, electoral and party funding, and public sector financial management. It is not wholly independent of political parties. The independent Spanish Data Protection Agency conducts audits on data protection issues, with its findings often taken up by the media.
The Spanish judiciary is independent and capable of ensuring that the government and administration act according to the law. Appointments to key judicial bodies, which require a three-fifths parliamentary majority, have been hampered by political fragmentation. This has undermined judicial performance.
Civil rights are broadly respected, and antidiscrimination laws are very broad. Corruption levels have declined since the bursting of the real estate bubble, in part to prosecution of corrupt officials. Parliamentarians have limited resources, but adequate powers to monitor the executive and participate in shaping policy.
The Court of Audit is responsible for auditing the state’s accounts, electoral and party funding, and public sector financial management. It is not wholly independent of political parties. The independent Spanish Data Protection Agency conducts audits on data protection issues, with its findings often taken up by the media.
The Spanish judiciary is independent and capable of ensuring that the government and administration act according to the law. Appointments to key judicial bodies, which require a three-fifths parliamentary majority, have been hampered by political fragmentation. This has undermined judicial performance.
Civil rights are broadly respected, and antidiscrimination laws are very broad. Corruption levels have declined since the bursting of the real estate bubble, in part to prosecution of corrupt officials. Parliamentarians have limited resources, but adequate powers to monitor the executive and participate in shaping policy.
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Is there an independent audit office? To what extent is it capable of exercising effective oversight?
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There exists an effective and independent audit office.
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There exists an effective and independent audit office, but its role is somewhat limited.
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There exists an independent audit office, but its role is considerably limited.
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There is no independent and effective audit office.
The Court of Audit, recognized by the Spanish constitution, is an external audit body responsible for auditing the state’s accounts, electoral and party funding, and the financial management of the entire public sector. In addition, most autonomous communities have established regional courts of audit to monitor their devolved competences. The national audit office is empowered to undertake investigations on its own initiative following the submission of a complaint and has the authority to impose substantial penalties for the misuse of public funds.
The head of the audit office is appointed by the King based on a proposal from the plenary, for a term of three years. The election is conducted by secret ballot. Members of the plenary and the head of the Court can be removed from office only after completing their term, upon resignation accepted by the parliament, due to incapacity or incompatibility, or for serious failure to perform their duties (Court of Audit 2023).
After a contentious period when the political autonomy of the Court was questioned, the major parties reached an agreement in 2021 to renew its members.
Although there have been certain improvements (the budget for 2023 was €78 million; 2020 €63 million), the office suffers from a lack of financial resources, personnel, and independence from politicians, since members of the plenary are appointed by the parties themselves. The Court of Audit legally has budgetary autonomy and draws up its own budget, which is approved by parliament.
The Court of Audit actively exchanges information on improved methods as a member of several international organizations of supreme audit institutions, such as EUROSAI, INTOSAI, and OLACEFS. It also maintains relations with the European Court of Auditors and participates in auditing various international organizations.
Citations:
Court of Audit. 2023. “Website.” https://www.tcu.es/en/
The head of the audit office is appointed by the King based on a proposal from the plenary, for a term of three years. The election is conducted by secret ballot. Members of the plenary and the head of the Court can be removed from office only after completing their term, upon resignation accepted by the parliament, due to incapacity or incompatibility, or for serious failure to perform their duties (Court of Audit 2023).
After a contentious period when the political autonomy of the Court was questioned, the major parties reached an agreement in 2021 to renew its members.
Although there have been certain improvements (the budget for 2023 was €78 million; 2020 €63 million), the office suffers from a lack of financial resources, personnel, and independence from politicians, since members of the plenary are appointed by the parties themselves. The Court of Audit legally has budgetary autonomy and draws up its own budget, which is approved by parliament.
The Court of Audit actively exchanges information on improved methods as a member of several international organizations of supreme audit institutions, such as EUROSAI, INTOSAI, and OLACEFS. It also maintains relations with the European Court of Auditors and participates in auditing various international organizations.
Citations:
Court of Audit. 2023. “Website.” https://www.tcu.es/en/
Is there an independent authority that effectively holds government offices accountable for their handling of data protection and privacy issues?
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An independent and effective data protection authority exists.
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An independent and effective data protection authority exists, but its role is somewhat limited.
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A data protection authority exists, but both its independence and effectiveness are considerably limited.
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There is no effective and independent data protection office.
The Spanish Data Protection Agency (AEPD) is a public authority that operates independently of the public administration. Integrated into a broader international and subnational network of agencies, the AEPD possesses the capacity and personnel to advocate for data protection and privacy issues against the government and vested interests. The AEPD has the autonomy to choose which audits to conduct.
The workload and relevance of claims have increased significantly over the past 30 years – from 81 complaints in 1994 to more than 15,000 in 2023. The findings of the data protection authority are quite impactful and often publicized in the media, particularly in cases involving Google or ChatGPT. Additionally, the agency actively promotes rights against the unlawful publication on the internet of photographs, videos or audio with sexual or violent content and calls for stronger regulation from the legislature in this regard.
There are also data protection agencies in Catalonia and the Basque Country.
According to the Organic Law on Data Protection, the appointment of the president of the AEPD is the responsibility of the government upon the proposal of the Ministry of Justice. A public competition of candidates must first be called, and their “merit, capacity, competence and suitability” must be assessed. The president and the deputy can only cease to hold office before the end of their term either at their own request or by removal by the Council of Ministers. The AEPD prepares and approves its own budget and sends it to the government, which includes it in the General State Budget.
The workload and relevance of claims have increased significantly over the past 30 years – from 81 complaints in 1994 to more than 15,000 in 2023. The findings of the data protection authority are quite impactful and often publicized in the media, particularly in cases involving Google or ChatGPT. Additionally, the agency actively promotes rights against the unlawful publication on the internet of photographs, videos or audio with sexual or violent content and calls for stronger regulation from the legislature in this regard.
There are also data protection agencies in Catalonia and the Basque Country.
According to the Organic Law on Data Protection, the appointment of the president of the AEPD is the responsibility of the government upon the proposal of the Ministry of Justice. A public competition of candidates must first be called, and their “merit, capacity, competence and suitability” must be assessed. The president and the deputy can only cease to hold office before the end of their term either at their own request or by removal by the Council of Ministers. The AEPD prepares and approves its own budget and sends it to the government, which includes it in the General State Budget.
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To what extent does an independent judiciary ensure that the government, administration and legislature operate in accordance with the constitution and law?
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The judiciary effectively ensures that the government and legislature act in accordance with the law.
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The judiciary usually manages to ensure that the government and legislature act in accordance with the law.
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3
The judiciary fails to ensure effective legal compliance in some crucial cases.
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The judiciary fails to ensure effective legal control.
The Spanish judiciary is independent and capable of ensuring that the government and administration act according to the law. Specialized courts review actions and norms adopted by the executive, effectively ensuring legal compliance. Courts serve as effective and independent monitors of public authorities’ activities, and the government complies with court decisions even if it disagrees with them. Any natural or legal person with a legitimate interest can bring a legal protection action (amparo) before the Constitutional Court against governmental, administrative, parliamentary, or judicial decisions. In 2023, 6,243 appeals for protection were lodged with the Constitutional Court, primarily against judicial decisions, but most were dismissed for lack of legal grounding. During the review period, there were no examples of noncompliance.
Article 159 of the Spanish constitution outlines the composition of the Constitutional Court, comprising twelve members appointed by the King. Four are nominated by Congress with a three-fifths majority, another four by the Senate with the same majority, two are appointed by the government, and two by the General Council of the Judiciary, also requiring a three-fifths majority. These enhanced majorities are intended to ensure consensus in appointing independent judges. However, political practice often results in partisan appointments among major parties. The division between conservatives and progressives within the Constitutional Court has been significant during the review period.
The politically fragmented parliament failed to muster the three-fifths majority necessary to appoint new members to the General Council of the Judiciary – an autonomous body of judges and other jurists that governs the judiciary and aims to guarantee judges’ independence. The incumbent council has operated on an interim basis since 2018. The lack of renewal is affecting the Supreme Court’s functioning and the entire justice system, raising concerns about caseload and the duration of proceedings.
The 2023 EU Justice Scoreboard indicates that some judges struggle to reconcile their ideological biases with the requirement of effective independence, potentially hindering the judiciary’s mandate to serve as a legal and politically neutral check on government actions (European Commission 2023). Public opinion increasingly perceives courts and judges as lacking independence due to perceived interference or pressure from economic interests and, more prominently, from government and opposition politicians.
Within the RRP, the government has continued efforts to increase the justice system’s efficiency. Measures taken to enhance the quality of justice include legal aid and digitalization related to data management and interoperability of applications within the justice system. An example is Royal Decree Law 6/2023 of December 19.
Citations:
European Commission. 2023. “EU Justice Scoreboard.” https://commission.europa.eu/system/files/2023-06/Justice%20Scoreboard%202023_0.pdf
Article 159 of the Spanish constitution outlines the composition of the Constitutional Court, comprising twelve members appointed by the King. Four are nominated by Congress with a three-fifths majority, another four by the Senate with the same majority, two are appointed by the government, and two by the General Council of the Judiciary, also requiring a three-fifths majority. These enhanced majorities are intended to ensure consensus in appointing independent judges. However, political practice often results in partisan appointments among major parties. The division between conservatives and progressives within the Constitutional Court has been significant during the review period.
The politically fragmented parliament failed to muster the three-fifths majority necessary to appoint new members to the General Council of the Judiciary – an autonomous body of judges and other jurists that governs the judiciary and aims to guarantee judges’ independence. The incumbent council has operated on an interim basis since 2018. The lack of renewal is affecting the Supreme Court’s functioning and the entire justice system, raising concerns about caseload and the duration of proceedings.
The 2023 EU Justice Scoreboard indicates that some judges struggle to reconcile their ideological biases with the requirement of effective independence, potentially hindering the judiciary’s mandate to serve as a legal and politically neutral check on government actions (European Commission 2023). Public opinion increasingly perceives courts and judges as lacking independence due to perceived interference or pressure from economic interests and, more prominently, from government and opposition politicians.
Within the RRP, the government has continued efforts to increase the justice system’s efficiency. Measures taken to enhance the quality of justice include legal aid and digitalization related to data management and interoperability of applications within the justice system. An example is Royal Decree Law 6/2023 of December 19.
Citations:
European Commission. 2023. “EU Justice Scoreboard.” https://commission.europa.eu/system/files/2023-06/Justice%20Scoreboard%202023_0.pdf
How well does the executive branch and its members uphold and safeguard civil rights, and to what extent do the courts effectively protect citizens against rights violations?
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There are no limits or constraints on the realization of civil rights.
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There are no significant limits or constraints on the realization of civil rights.
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There are some significant limits or constraints on the realization of civil rights.
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There are multiple significant limits or constraints on the realization of civil rights.
Spanish state institutions generally respect and protect civil rights. According to the World Justice Project (WJP) Rule of Law Index, Spain is ranked 15th in protecting fundamental rights. Consequently, the rights guaranteed by the constitution and ordinary legislation are enforced. All individuals have equal access to justice and due process under the rule of law. Few infringements occur in practice, such as those concerning illegal immigrants. During the review period, Amnesty International accused Spain and Morocco of a cover-up for failing to properly investigate events at the border of the Spanish enclave of Melilla in 2022, when dozens of migrants and refugees died during a mass attempted crossing.
Courts provide effective protection, even if systematic delays and a lack of adequate resources – both human and technological – undermine this effectiveness to some degree. The legislation acknowledges the right to equal treatment and nondiscrimination for individuals, irrespective of nationality, age, legal status, or residency. Over the review period, there have been enhancements in the legal framework and policies aimed at preventing discrimination. Law 15/2022, enacted on July 12, 2022, is designed to ensure and promote the right to equal treatment and nondiscrimination while upholding the equal dignity of individuals.
The law explicitly prohibits discrimination based on factors such as birth, racial or ethnic origin, gender, religion, belief or opinion, age, disability, sexual orientation or identity, gender expression, illness or health condition, serological status, genetic predisposition to certain pathologies and disorders, language, socioeconomic status, or any other personal or social circumstance. Article 19 mandates public administrations to promote information and accessibility to justice for particularly vulnerable groups.
To guarantee accessible justice for people with disabilities, the Ministry of Justice promoted a website dedicated exclusively to accessible justice for these individuals. Linguistic minorities can use all the official languages before the courts of their autonomous communities. In 2023, a new government office, the Office for Combating Discrimination, was created within the State Agency for Labor and Social Security Inspection.
Courts provide effective protection, even if systematic delays and a lack of adequate resources – both human and technological – undermine this effectiveness to some degree. The legislation acknowledges the right to equal treatment and nondiscrimination for individuals, irrespective of nationality, age, legal status, or residency. Over the review period, there have been enhancements in the legal framework and policies aimed at preventing discrimination. Law 15/2022, enacted on July 12, 2022, is designed to ensure and promote the right to equal treatment and nondiscrimination while upholding the equal dignity of individuals.
The law explicitly prohibits discrimination based on factors such as birth, racial or ethnic origin, gender, religion, belief or opinion, age, disability, sexual orientation or identity, gender expression, illness or health condition, serological status, genetic predisposition to certain pathologies and disorders, language, socioeconomic status, or any other personal or social circumstance. Article 19 mandates public administrations to promote information and accessibility to justice for particularly vulnerable groups.
To guarantee accessible justice for people with disabilities, the Ministry of Justice promoted a website dedicated exclusively to accessible justice for these individuals. Linguistic minorities can use all the official languages before the courts of their autonomous communities. In 2023, a new government office, the Office for Combating Discrimination, was created within the State Agency for Labor and Social Security Inspection.
To what extent are public officeholders prevented from abusing their position for private interests?
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Legal, political and public integrity mechanisms effectively prevent public officeholders from abusing their positions.
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Most integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
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Few integrity mechanisms are effective and provide disincentives for public officeholders to abuse their positions.
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1
Public officeholders can exploit their offices for private gain as they see fit without fear of legal consequences or adverse publicity.
Corruption levels in Spain have declined since the real estate bubble burst in the wake of the economic crisis, partly due to the criminal, political, and social prosecution of corrupt politicians and officials. Spanish courts have a solid record of investigating and prosecuting corruption cases, but the system is often overburdened and cases move slowly. According to the WJP Rule of Law Index, Spain is ranked 23rd in the absence of government corruption. However, in 2023, Spain’s score in Transparency International’s Corruption Perceptions Index fell slightly, although Spain continues to rank comparatively highly at 35th place out of 180 countries (2019: 30 out of 180 countries). The 2023 Special Eurobarometer on Corruption shows that 89% of respondents consider corruption widespread in their country (EU average 70%) and 41% feel personally affected by corruption in their daily lives (EU average 24%).
On February 16, 2023, parliament adopted the whistleblower protection law. The law stipulates that, within a maximum period of 18 months from its enactment, the government must endorse an Anti-Corruption Strategy. This strategy is intended to assess the objectives outlined in the law and address the requisite measures to cover potential loopholes.
In December 2022, the Independent Office for Regulation and Supervision of Procurement sanctioned the National Public Procurement Strategy, aiming to prevent corruption and irregularities in implementing public procurement legislation. The effectiveness of the Council of Transparency and Good Governance has improved. In 2022, the General Intervention of the State Administration (IGAE) strengthened its assessments of fraud risks in public grants and subsidies.
In implementing the RRG, other administrative levels have established mechanisms for preventing corruption. For example, all implementing entities must have an anti-fraud plan. Public procurement procedures have also been improved to enhance transparency. As mentioned earlier, the audit office is responsible for auditing party accounts. The law governing party financing was reformulated in 2015 and remains unchanged, despite a request from the Court of Auditors.
In 2020, the Congress of Deputies agreed on a code of conduct for members of parliament. This document represents a further step in improving the transparency of members’ activities. Additionally, a Conflict of Interest Office of the Congress has been created to monitor compliance with integrity rules. According to the 2022 annual report, most members of parliament follow the code. However, the rules of procedure of the Congress do not contain any sanctions for noncompliance (Oficina de Conflicto de Intereses de las Cortes Generales 2023).
The electoral law establishes that the function of deputy is “incompatible” with “any other profession or remunerated activity.” However, the Congressional Statute Commission grants a number of exceptions.
Citations:
Oficina de Conflicto de Intereses de las Cortes Generales. 2023. “Informe anual correspondiente al año 2022.” https://www.congreso.es/public_oficiales/L14/CORT/BOCG/A/BOCG-14-CG-A-311.PDF
Eurobarometer. 2023. Eurobarometer 534.
On February 16, 2023, parliament adopted the whistleblower protection law. The law stipulates that, within a maximum period of 18 months from its enactment, the government must endorse an Anti-Corruption Strategy. This strategy is intended to assess the objectives outlined in the law and address the requisite measures to cover potential loopholes.
In December 2022, the Independent Office for Regulation and Supervision of Procurement sanctioned the National Public Procurement Strategy, aiming to prevent corruption and irregularities in implementing public procurement legislation. The effectiveness of the Council of Transparency and Good Governance has improved. In 2022, the General Intervention of the State Administration (IGAE) strengthened its assessments of fraud risks in public grants and subsidies.
In implementing the RRG, other administrative levels have established mechanisms for preventing corruption. For example, all implementing entities must have an anti-fraud plan. Public procurement procedures have also been improved to enhance transparency. As mentioned earlier, the audit office is responsible for auditing party accounts. The law governing party financing was reformulated in 2015 and remains unchanged, despite a request from the Court of Auditors.
In 2020, the Congress of Deputies agreed on a code of conduct for members of parliament. This document represents a further step in improving the transparency of members’ activities. Additionally, a Conflict of Interest Office of the Congress has been created to monitor compliance with integrity rules. According to the 2022 annual report, most members of parliament follow the code. However, the rules of procedure of the Congress do not contain any sanctions for noncompliance (Oficina de Conflicto de Intereses de las Cortes Generales 2023).
The electoral law establishes that the function of deputy is “incompatible” with “any other profession or remunerated activity.” However, the Congressional Statute Commission grants a number of exceptions.
Citations:
Oficina de Conflicto de Intereses de las Cortes Generales. 2023. “Informe anual correspondiente al año 2022.” https://www.congreso.es/public_oficiales/L14/CORT/BOCG/A/BOCG-14-CG-A-311.PDF
Eurobarometer. 2023. Eurobarometer 534.
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Do members of the legislature possess sufficient personnel and structural resources to effectively monitor government activities?
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As a group, legislative members have access to a range of resources that are suited for effectively monitoring all government activity.
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As a group, legislative members have access to a range of resources that are suited for effectively monitoring a government’s key activities.
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As a group, legislative members have access to a range of resources that are suited for selectively monitoring some government activities.
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The resources provided to legislative members are not suited for any effective monitoring of the government.
The Cortes Generales is a bicameral assembly consisting of the Congreso de Diputados (Congress of Deputies) as the lower chamber and the Senado (Senate) as the upper chamber. Article 72.1 of the constitution ensures the independence of both chambers, allowing them to equip themselves with the necessary personnel and resources to perform their constitutional duties effectively. According to Article 60 of the rules of procedure for the lower chamber, “the Congress shall have all necessary personal and material means and facilities available for the conduct of its business, including technical, documentary, and advisory services.” Article 60 further specifies that the Budget Committee should be provided with suitable allocations to enable technical advice on legislative proceedings related to revenue and public expenditure.
Each parliamentary group receives funds to hire personnel, with budget amounts based on the party’s electoral results. However, individual members of parliament do not have dedicated assistants, and the limited staff is shared among them.
No formal parliamentary research units exist, and studies are rarely produced, except for legal reports. Committees have few independent administrative resources but rely on the legal expertise of clerks. Temporary staff hired through a procurement system assist parliamentary members and institutions, offering specific expertise in areas like economics, budgetary affairs, and journalism.
Parliamentary committees can invite independent experts without legal limitations, and requests for expert testimony have increased, especially at the beginning of legislative processes or in specialized subcommittees. However, limited staffing and financial resources hinder systematic involvement from university scholars, think tank analysts, and other experts. Collaborations with public administrations or the Bank of Spain occur but often include political judgments from the executive. In 2022, the Congress, in collaboration with the Spanish Foundation for Science and Technology (FECYT), established the Science and Technology Office to prepare reports on scientific and technical topics of interest to members of parliament.
Citations:
Kölling, M. and I. Molina. 2023. “The Administration of the Spanish Cortes Generales: Organizing Legitimacy, Executive Dominance and Party Discipline.” Routledge Handbook of Parliamentary Administrations.
Each parliamentary group receives funds to hire personnel, with budget amounts based on the party’s electoral results. However, individual members of parliament do not have dedicated assistants, and the limited staff is shared among them.
No formal parliamentary research units exist, and studies are rarely produced, except for legal reports. Committees have few independent administrative resources but rely on the legal expertise of clerks. Temporary staff hired through a procurement system assist parliamentary members and institutions, offering specific expertise in areas like economics, budgetary affairs, and journalism.
Parliamentary committees can invite independent experts without legal limitations, and requests for expert testimony have increased, especially at the beginning of legislative processes or in specialized subcommittees. However, limited staffing and financial resources hinder systematic involvement from university scholars, think tank analysts, and other experts. Collaborations with public administrations or the Bank of Spain occur but often include political judgments from the executive. In 2022, the Congress, in collaboration with the Spanish Foundation for Science and Technology (FECYT), established the Science and Technology Office to prepare reports on scientific and technical topics of interest to members of parliament.
Citations:
Kölling, M. and I. Molina. 2023. “The Administration of the Spanish Cortes Generales: Organizing Legitimacy, Executive Dominance and Party Discipline.” Routledge Handbook of Parliamentary Administrations.
Are legislative committees able to exercise oversight of government activities in practice?
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The legislature is able to exercise its oversight function.
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The legislature is able to exercise its oversight function most of the time.
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The legislature faces constraints in exercising its oversight function in a significant number of cases.
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The legislature’s oversight function is frequently and severely compromised.
Article 110 of the constitution allows committees of either the Congress of Deputies or the Senate to summon government members to answer questions, provided the request comes from at least 70 deputies or one-fifth of the committee members. The Bureau of Congress and the Board of Spokespersons must vote on the request. The ruling party may attempt to reject opposition requests, but if approved, ministers are obliged to respond. Ministers often comply with these invitations and even request to report on their departments’ matters.
The power to request information is a specific aspect of the Cortes Generales’ control function under Article 66.2 of the constitution. The government must provide requested information within 30 days in the most suitable manner. This legal framework allows the government some flexibility, such as withholding documents on grounds of secrecy or delivering them incompletely or late. Access to documents may vary by ministry. According to parliamentary sources, the government generally provides the requested documents in full and within a reasonable time, though delays and shortcomings prompt parliamentary claims of rights violations.
Citations:
Constitutional Court. 2023. Judgement 165/2023 of 21 November 2023.
The power to request information is a specific aspect of the Cortes Generales’ control function under Article 66.2 of the constitution. The government must provide requested information within 30 days in the most suitable manner. This legal framework allows the government some flexibility, such as withholding documents on grounds of secrecy or delivering them incompletely or late. Access to documents may vary by ministry. According to parliamentary sources, the government generally provides the requested documents in full and within a reasonable time, though delays and shortcomings prompt parliamentary claims of rights violations.
Citations:
Constitutional Court. 2023. Judgement 165/2023 of 21 November 2023.
Do legislative committees have the capacity to investigate unconstitutional or illegal activities carried out by the executive branch?
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The legislature is able to exercise its investigation function.
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The legislature is able to exercise its investigation function most of the time.
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The legislature faces constraints in exercising its investigation function in a significant number of cases.
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The legislature’s investigation function is frequently and severely compromised
Opposition parties can initiate investigations within the legislature against the governing party’s will. According to the standing order of Congress, the Plenary of Congress – at the proposal of the government, the Bureau, two Parliamentary Groups, or one-fifth of the members of the House – may agree to set up a Commission of Inquiry into any matter of public interest. Those summoned by a committee of inquiry must comply or face serious disobedience charges.
During the 2019-2023 legislative period, several Commissions of Investigation were established, requiring appearances from the former prime minister and ministers. In the current legislative term beginning in August 2023, the opposition party Esquerra Republicans, supported by Bildu and BNG, registered several commissions, including one to investigate alleged Pegasus spying in Congress. The agreement between the Socialist Party and Junts per Catalunya in November 2023 includes creating commissions to investigate lawfare related to the Catalonia conflict. However, judges are “independent, irremovable, accountable, and subject only to the rule of law,” according to Article 117.1 of the constitution.
Commissions of Inquiry address legislative defects or monitor government actions, serving as political control instruments with significant media impact. However, their scope is limited as their conclusions are not binding, and decisions need not be based on their findings. Partisan organization of conclusions can undermine overall coherence, and findings should be reported to the Prosecutor’s Office for further action.
Citations:
El Pais. 2022. “Congress Ratifies That Rajoy Was Politically Responsible for ‘Operation Kitchen’.” https://elpais.com/espana/2022-02-03/el-congreso-ratifica-que-rajoy-fue-el-responsable-politico-de-la-operacion-kitchen.html
During the 2019-2023 legislative period, several Commissions of Investigation were established, requiring appearances from the former prime minister and ministers. In the current legislative term beginning in August 2023, the opposition party Esquerra Republicans, supported by Bildu and BNG, registered several commissions, including one to investigate alleged Pegasus spying in Congress. The agreement between the Socialist Party and Junts per Catalunya in November 2023 includes creating commissions to investigate lawfare related to the Catalonia conflict. However, judges are “independent, irremovable, accountable, and subject only to the rule of law,” according to Article 117.1 of the constitution.
Commissions of Inquiry address legislative defects or monitor government actions, serving as political control instruments with significant media impact. However, their scope is limited as their conclusions are not binding, and decisions need not be based on their findings. Partisan organization of conclusions can undermine overall coherence, and findings should be reported to the Prosecutor’s Office for further action.
Citations:
El Pais. 2022. “Congress Ratifies That Rajoy Was Politically Responsible for ‘Operation Kitchen’.” https://elpais.com/espana/2022-02-03/el-congreso-ratifica-que-rajoy-fue-el-responsable-politico-de-la-operacion-kitchen.html
To what extent are the organization and operations of legislative committees effective in guiding the development of legislative proposals?
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The organization and operations of legislative committees are well-suited for effectively monitoring ministry activity.
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The organization and operations of legislative committees are, for the most part, suited for effectively monitoring ministry activity.
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The organization and operations of legislative committees are rarely suitable for monitoring ministry activity.
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The organization and operations of legislative committees are not at all suitable for monitoring ministry activity.
The responsibilities of the regular parliamentary committees in the Congress of Deputies and the Senate align with government ministries’ functions. Since 2020, 22 ministries have been monitored by 21 standing legislative committees in Congress, renamed to match ministerial portfolios. Changes in committee structures were approved in December 2023 due to the new government’s redesign of ministries, ensuring no mismatch (Congreso 2023). However, limited committee resources present significant challenges for effective monitoring.
Non-permanent committees address cross-cutting policy areas, though no commission oversees the core executive, the office of the president. Committees effectively monitor and discuss ministerial activities, and opposition parties can chair legislative committees, reflecting the Chamber’s power distribution. For example, during 2020-2023, the Finance Commission was chaired by the opposition.
Committee work is crucial for preparing legislative acts and reaching agreements among parliamentary parties, especially in minority governments. However, during the analyzed period, legislative capacity faced constraints due to increased emergency legislation use, exemplified by rule-by-decree practices to bypass parliamentary scrutiny. The Bills of Parliament mechanism, intended to facilitate legislative projects, was misused to avoid mandatory assessments by esteemed bodies like the Council of State. This practice empowered an acting government to expedite bill passage without proper legislative processing, even in crucial matters like the Amnesty Law.
Citations:
Congreso. 2023. “Index of Commissions, XV Legislature.” https://www.congreso.es/comisiones
Index of Commissions, XV Legislature. https://www.congreso.es/comisiones
Non-permanent committees address cross-cutting policy areas, though no commission oversees the core executive, the office of the president. Committees effectively monitor and discuss ministerial activities, and opposition parties can chair legislative committees, reflecting the Chamber’s power distribution. For example, during 2020-2023, the Finance Commission was chaired by the opposition.
Committee work is crucial for preparing legislative acts and reaching agreements among parliamentary parties, especially in minority governments. However, during the analyzed period, legislative capacity faced constraints due to increased emergency legislation use, exemplified by rule-by-decree practices to bypass parliamentary scrutiny. The Bills of Parliament mechanism, intended to facilitate legislative projects, was misused to avoid mandatory assessments by esteemed bodies like the Council of State. This practice empowered an acting government to expedite bill passage without proper legislative processing, even in crucial matters like the Amnesty Law.
Citations:
Congreso. 2023. “Index of Commissions, XV Legislature.” https://www.congreso.es/comisiones
Index of Commissions, XV Legislature. https://www.congreso.es/comisiones