Sensemaking
#11Key Findings
In the category of sensemaking, Spain falls into the upper-middle ranks internationally (rank 11).
The National Foresight and Strategy Office analyzes future challenges and plans for multiple scenarios. Although its impact on ministerial bureaucracies has been limited, the government in since November 2023 has announced plans to strengthen it.
Preliminary regulatory impact assessments (RIAs) for new laws are sometimes developed by entities other than the executive, with special parliamentary committees or stakeholders occasionally involved in studying particular issues. However, most RIA processes rely on internal ministerial resources, and the outcomes are not always made public.
The RIA framework in Spain does not include sustainability checks, focusing instead on gender impact and administrative costs. Better regulation initiatives have increasingly involved ex post evaluation as well as administrative simplification.
The National Foresight and Strategy Office analyzes future challenges and plans for multiple scenarios. Although its impact on ministerial bureaucracies has been limited, the government in since November 2023 has announced plans to strengthen it.
Preliminary regulatory impact assessments (RIAs) for new laws are sometimes developed by entities other than the executive, with special parliamentary committees or stakeholders occasionally involved in studying particular issues. However, most RIA processes rely on internal ministerial resources, and the outcomes are not always made public.
The RIA framework in Spain does not include sustainability checks, focusing instead on gender impact and administrative costs. Better regulation initiatives have increasingly involved ex post evaluation as well as administrative simplification.
Graph View
Graph View
To what extent can the central government foster the capacity for strategic foresight and anticipatory innovation within its organization?
10
9
9
The central government can foster the capacity for strategic foresight and anticipatory innovation within its organization.
8
7
6
7
6
Most of the time, the central government can foster the capacity for strategic foresight and anticipatory innovation within its organization.
5
4
3
4
3
The central government is rarely capable of fostering the capacity for strategic foresight and anticipatory innovation within its organization.
2
1
1
The central government is not capable of fostering the capacity for strategic foresight and anticipatory innovation within its organization.
The National Foresight and Strategy Office, a Directorate General of the Presidency of the Spanish Government, is responsible for analyzing future challenges and opportunities and planning multiple scenarios to prepare for them. Reporting directly to the president and his chief of cabinet, it consists of a multidisciplinary team of researchers. While the office’s impact on work practices and organizational culture within ministerial bureaucracies has been limited, the new Sánchez government, which took office in November 2023, has highlighted the office’s positive impact and announced plans to strengthen it and increase cooperation between the office and the administration.
Several high-level policy units support policy implementation in areas such as open government, knowledge management, and digital transformation. Examples include the State Secretariat for Digital Transformation of the Ministry of Economy and Digital Transformation and the Directorate General of Public Governance of the Ministry of Finance and Public Administration. In 2023, Spain launched the first national Agency for the Supervision of Artificial Intelligence in the EU.
Spain has invested significantly in the digitalization of its public sector, ranking well above the EU average in the EU Digital Public Administration Indicators from 2012 to 2022. Significant resources for digital transition over the coming years are committed by the NextGenerationEU program, although these resources are limited to a specific timeframe and conditional on fulfilling specific objectives. Resources for experimentation are more limited, and the government has not clearly engaged in policy experimentation through various innovative techniques.
The Learning Strategy of the National Institute for Public Administration 2023–2024 does not include strategic foresight and anticipatory innovation as essential skills for high-level civil servants.
During the Spanish EU presidency, the government presented the strategic plan “Resilient EU2030” to enhance the resilience and global competitiveness of the European Union in sectors such as energy, digital technologies, health, and food.
Several high-level policy units support policy implementation in areas such as open government, knowledge management, and digital transformation. Examples include the State Secretariat for Digital Transformation of the Ministry of Economy and Digital Transformation and the Directorate General of Public Governance of the Ministry of Finance and Public Administration. In 2023, Spain launched the first national Agency for the Supervision of Artificial Intelligence in the EU.
Spain has invested significantly in the digitalization of its public sector, ranking well above the EU average in the EU Digital Public Administration Indicators from 2012 to 2022. Significant resources for digital transition over the coming years are committed by the NextGenerationEU program, although these resources are limited to a specific timeframe and conditional on fulfilling specific objectives. Resources for experimentation are more limited, and the government has not clearly engaged in policy experimentation through various innovative techniques.
The Learning Strategy of the National Institute for Public Administration 2023–2024 does not include strategic foresight and anticipatory innovation as essential skills for high-level civil servants.
During the Spanish EU presidency, the government presented the strategic plan “Resilient EU2030” to enhance the resilience and global competitiveness of the European Union in sectors such as energy, digital technologies, health, and food.
Graph View
To what extent does the government conduct high-quality impact assessments to evaluate the potential effects of prepared legislation before implementation?
10
9
9
The government draws on high-quality RIAs to assess the potential impact of prepared legislation before implementation.
8
7
6
7
6
In most cases, the government draws on high-quality RIAs to assess the potential impact of prepared legislation before implementation.
5
4
3
4
3
The government rarely draws on high-quality RIAs to assess the potential impact of prepared legislation before implementation.
2
1
1
The government does not draw on high-quality RIAs to assess the potential impact of prepared legislation before implementation.
Spain lacks an independent body that periodically evaluates the quality of the Regulatory Impact Assessment (RIA) process. However, since 2018, the Office on Regulatory Coordination and Quality within the Ministry of the Presidency has been responsible for ensuring the quality, coordination, and coherence of executive rule-making activities. Additionally, a Report of Regulatory Impact Analysis was established in 2017, managed by the Ministry for Digital Transformation and Public Function, to anticipate the impact of executive initiatives in terms of budget, competences, and gender. These innovations, however, focus more on technical issues than on substantive policy or societal impact assessments.
The Office on Regulatory Coordination and Quality oversees the implementation of better regulation requirements and facilitates secure communication with ministerial departments. The Ministry of Territorial Policy reviews the quality of various RIA components with the autonomous communities and oversees public consultation and participation processes. This ministry also promotes and monitors the reduction of administrative burdens and public consultations.
Other line ministries have specific units for impact analysis, such as the Directorate General for Environmental Quality and Assessment at the Ministry for Ecological Transition. The Council of State assesses the legality and development of regulations, monitors the public administration’s functioning, and reviews the legal quality of regulations initiated by the executive, issuing statements in response to consultations from ministries and other state entities.
Preliminary RIAs for legal norms are sometimes developed by entities other than the executive, with special parliamentary committees or stakeholders occasionally involved in studying particular issues. However, most RIA processes rely on internal ministerial resources, and the outcomes are not always made public. The Regulatory Impact Analysis Report consolidates information accompanying a regulatory project, including its impacts on socioeconomic indicators, administrative burdens, gender, public budgets, the environment, and business compliance costs. Behavioral research methods are not utilized in RIAs.
Citations:
Office on Regulatory Coordination and Quality – https://www.mpr.gob.es/mpr/subse/occn/paginas/index.aspx
Government of Spain. 2023. “Annual Regulatory Plan 2023.” https://transparencia.gob.es/transparencia/dam/jcr:9fdca3de-7345-4b06-8056-f318c6de9b24/PAN%202023%20(30_01_2023).pdf
The Office on Regulatory Coordination and Quality oversees the implementation of better regulation requirements and facilitates secure communication with ministerial departments. The Ministry of Territorial Policy reviews the quality of various RIA components with the autonomous communities and oversees public consultation and participation processes. This ministry also promotes and monitors the reduction of administrative burdens and public consultations.
Other line ministries have specific units for impact analysis, such as the Directorate General for Environmental Quality and Assessment at the Ministry for Ecological Transition. The Council of State assesses the legality and development of regulations, monitors the public administration’s functioning, and reviews the legal quality of regulations initiated by the executive, issuing statements in response to consultations from ministries and other state entities.
Preliminary RIAs for legal norms are sometimes developed by entities other than the executive, with special parliamentary committees or stakeholders occasionally involved in studying particular issues. However, most RIA processes rely on internal ministerial resources, and the outcomes are not always made public. The Regulatory Impact Analysis Report consolidates information accompanying a regulatory project, including its impacts on socioeconomic indicators, administrative burdens, gender, public budgets, the environment, and business compliance costs. Behavioral research methods are not utilized in RIAs.
Citations:
Office on Regulatory Coordination and Quality – https://www.mpr.gob.es/mpr/subse/occn/paginas/index.aspx
Government of Spain. 2023. “Annual Regulatory Plan 2023.” https://transparencia.gob.es/transparencia/dam/jcr:9fdca3de-7345-4b06-8056-f318c6de9b24/PAN%202023%20(30_01_2023).pdf
To what extent does the government effectively incorporate sustainability assessments within the framework of RIAs?
10
9
9
High-quality sustainability assessments are incorporated within regulatory impact assessments.
8
7
6
7
6
High-quality sustainability assessments are, for the most part, incorporated within regulatory impact assessments.
5
4
3
4
3
High-quality sustainability assessments are rarely incorporated within regulatory impact assessments.
2
1
1
Sustainability assessments are not incorporated within regulatory impact assessments.
Adopted in 2021, the Spanish Sustainable Development Strategy 2030 was approved by the Council of Ministers with input from all ministerial departments, autonomous communities, and local entities. Since then, the government has established a comprehensive institutional governance system to ensure that the Sustainable Development Goals (SDGs) form a common basis for decision-making.
The Ministry of Social Rights and Agenda 2030 holds executive powers for developing and coordinating actions related to the SDGs. The government’s Delegated Commission for Agenda 2030 oversees interministerial dialogue, while the Sectoral Conference for Agenda 2030 facilitates coordination with autonomous community governments. The Sustainable Development Council acts as an advisory body, involving the private sector, trade unions, academia, and civil society organizations (CSOs). Additionally, the parliamentary Joint Commission for the Coordination of the Agenda 2030 Strategy monitors the implementation of these initiatives.
The National Strategy includes 144 specific impact indicators for monitoring SDG implementation, which are also referenced in the RRP and the annual budget law. The action plan for implementation includes specific policies, such as the National Strategy to Prevent and Combat Poverty and Social Exclusion (2019–2023). The Council of Ministers approved the 2023 Progress Report in July 2023.
The RIA framework does not include explicit indicators for sustainability checks, focusing instead on gender impact and administrative costs.
Citations:
Government of Spain. 2023. “2030 Sustainable Development Strategy Progress Report.” https://www.mdsocialesa2030.gob.es/agenda2030/documentos/IP23_EDS.pdf
The Ministry of Social Rights and Agenda 2030 holds executive powers for developing and coordinating actions related to the SDGs. The government’s Delegated Commission for Agenda 2030 oversees interministerial dialogue, while the Sectoral Conference for Agenda 2030 facilitates coordination with autonomous community governments. The Sustainable Development Council acts as an advisory body, involving the private sector, trade unions, academia, and civil society organizations (CSOs). Additionally, the parliamentary Joint Commission for the Coordination of the Agenda 2030 Strategy monitors the implementation of these initiatives.
The National Strategy includes 144 specific impact indicators for monitoring SDG implementation, which are also referenced in the RRP and the annual budget law. The action plan for implementation includes specific policies, such as the National Strategy to Prevent and Combat Poverty and Social Exclusion (2019–2023). The Council of Ministers approved the 2023 Progress Report in July 2023.
The RIA framework does not include explicit indicators for sustainability checks, focusing instead on gender impact and administrative costs.
Citations:
Government of Spain. 2023. “2030 Sustainable Development Strategy Progress Report.” https://www.mdsocialesa2030.gob.es/agenda2030/documentos/IP23_EDS.pdf
To what extent do government ministries utilize ex post evaluations to improve existing policies?
10
9
9
High-quality ex post evaluations serve as the basis for making adjustments to public policies.
8
7
6
7
6
High-quality ex post evaluations frequently serve as the basis for making adjustments to public policies.
5
4
3
4
3
High-quality ex post evaluations rarely serve as the basis for making adjustments to public policies.
2
1
1
High-quality ex post evaluations are not utilized to make adjustments to public policies.
Spain has been steadily intensifying its better regulation initiatives, expanding beyond administrative simplification to include stakeholder engagement and ex post evaluation. The Office on Regulatory Coordination and Quality oversees the implementation of better regulation requirements and supervises the definition of objectives and methodology for the ex post evaluation of regulations covered by RIAs. However, it does not directly scrutinize the ex post evaluations.
The Independent Authority for Fiscal Responsibility (AIReF) handles Ex Post Evaluation related to public spending and the efficiency of public policies. While its reports are not binding, the administration must justify any decision not to follow the recommendations. Ex post evaluation has been reinforced concerning the RRP implementation, with IGAE and AIReF, along with institutions with diverse technical expertise, handling the evaluations.
In December 2022, the parliament approved Law 27/2022 on institutionalizing public policy evaluation within the General State Administration. This law aims to improve public policy evaluation as a transversal tool for all public policies, creating three new bodies: the State Agency for the Evaluation of Public Policies, a Higher Evaluation Commission to coordinate different ministries, and a General Evaluation Council representing civil society. These entities are still pending development.
According to Law 27/2022, the results of ex post evaluations must be published on the Transparency Portal. The law includes specific standards for implementing ex post evaluations based on the content, purpose, and timeframe of the evaluated public policy. However, these innovations are still awaiting development.
Frequent reforms aimed at establishing an evaluation agency and AIReF’s lack of financial and human resources have limited the effectiveness of Ex Post evaluations. Nevertheless, AIReF has become a competent and critical institution, delivering high-quality, scientifically sound reports. Despite these efforts, the evaluations have not resulted in significant legislative changes.
Most autonomous communities have developed additional systematic ex post evaluation programs for their public policies, but the practical impact of these measures has been limited.
Citations:
OECD. 2022. “Indicators of Regulatory Policy and Governance: Spain.”
https://www.oecd-ilibrary.org/sites/6e4b095d-en/1/3/6/27/index.html?itemId=/content/publication/6e4b095d-en&_csp_=2ca8c4c4a3deebb9d09f5477c42bced6&itemIGO=oecd&itemContentType=book
Law 27/2022 of 20 December.
The Independent Authority for Fiscal Responsibility (AIReF) handles Ex Post Evaluation related to public spending and the efficiency of public policies. While its reports are not binding, the administration must justify any decision not to follow the recommendations. Ex post evaluation has been reinforced concerning the RRP implementation, with IGAE and AIReF, along with institutions with diverse technical expertise, handling the evaluations.
In December 2022, the parliament approved Law 27/2022 on institutionalizing public policy evaluation within the General State Administration. This law aims to improve public policy evaluation as a transversal tool for all public policies, creating three new bodies: the State Agency for the Evaluation of Public Policies, a Higher Evaluation Commission to coordinate different ministries, and a General Evaluation Council representing civil society. These entities are still pending development.
According to Law 27/2022, the results of ex post evaluations must be published on the Transparency Portal. The law includes specific standards for implementing ex post evaluations based on the content, purpose, and timeframe of the evaluated public policy. However, these innovations are still awaiting development.
Frequent reforms aimed at establishing an evaluation agency and AIReF’s lack of financial and human resources have limited the effectiveness of Ex Post evaluations. Nevertheless, AIReF has become a competent and critical institution, delivering high-quality, scientifically sound reports. Despite these efforts, the evaluations have not resulted in significant legislative changes.
Most autonomous communities have developed additional systematic ex post evaluation programs for their public policies, but the practical impact of these measures has been limited.
Citations:
OECD. 2022. “Indicators of Regulatory Policy and Governance: Spain.”
https://www.oecd-ilibrary.org/sites/6e4b095d-en/1/3/6/27/index.html?itemId=/content/publication/6e4b095d-en&_csp_=2ca8c4c4a3deebb9d09f5477c42bced6&itemIGO=oecd&itemContentType=book
Law 27/2022 of 20 December.