Vertical Accountability
#16Key Findings
Spain falls into the sample’s middle ranks (rank 16) in the category of vertical accountability.
Registration procedures for candidates and political parties in Spain are transparent and fair. All citizens 18 and over can vote, aside from some felons. Citizens are automatically included in the electoral register, Candidate lists must ensure a minimum representation of 40% for each gender.
The party financing law was reformed in 2015 after various scandals, setting spending limits and restricting business contributions. Parties and candidates are required to maintain accurate financial records, with compliance monitored by the Central Election Commission. The 2023 election was peaceful, though rhetoric was often harsh.
Several nationalist parties have significant national influence, or advocate independence for individual regions. Polarization has hindered cross-party agreements, but coalition governments have become more common. A public information law allows access to public documents, but response times have lengthened.
Registration procedures for candidates and political parties in Spain are transparent and fair. All citizens 18 and over can vote, aside from some felons. Citizens are automatically included in the electoral register, Candidate lists must ensure a minimum representation of 40% for each gender.
The party financing law was reformed in 2015 after various scandals, setting spending limits and restricting business contributions. Parties and candidates are required to maintain accurate financial records, with compliance monitored by the Central Election Commission. The 2023 election was peaceful, though rhetoric was often harsh.
Several nationalist parties have significant national influence, or advocate independence for individual regions. Polarization has hindered cross-party agreements, but coalition governments have become more common. A public information law allows access to public documents, but response times have lengthened.
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To what extent is political competition among candidates and political parties free and fair?
10
9
9
There are no barriers, by law or in practice, to effective political competition.
8
7
6
7
6
Existing barriers, by law and in practice, pose no significant obstacles to effective political competition.
5
4
3
4
3
Existing barriers, by law and in practice, pose some significant obstacles to effective political competition.
2
1
1
Existing barriers, by law and in practice, pose various significant obstacles to effective political competition.
Registration procedures for candidates and political parties meet international standards of transparency and fairness. Candidates disqualified from registration or prevented from being elected have the right to appeal to a competent jurisdiction. Parties and candidates are required to maintain accurate financial records, and recent elections have not seen significant exclusion or discrimination. Only those convicted in certain criminal cases, always by a court, may lose their political rights. Candidates and parties denied registration or election rights can appeal to the administrative court, whose decisions can further be appealed to the Constitutional Court. Finalized lists are published in the official gazette.
All Congress of Deputies electoral candidate lists must ensure a minimum representation of 40% for each gender. Parliamentary parties are exempt from collecting signatures for candidate nominations, while non-parliamentary parties must gather signatures from at least 0.1% of voters in the respective constituency for their proposed lists. Radiotelevisión Española (RTVE), the major national public broadcaster, is obligated to inform voters about upcoming elections, providing proportional coverage of all contestants and organizing election debates.
All political parties with parliamentary representation have access to public media during electoral campaigns. They are covered by news reports and can participate in candidate debates. However, new parties face restricted access, with airtime in news and elections-related programming distributed based on past electoral performance. This has sparked controversy, particularly regarding the limitations faced by new parties in their first electoral campaign before entering parliament. According to the OSCE, the 2023 elections had fair media access and coverage, but challenges related to disinformation were noted. Concerns have also been raised about certain regional governments’ influence over regional public media.
The party financing law was reformed in 2015 as part of an anti-corruption plan to increase transparency and impose sanctions following numerous scandals. It imposes spending limits in electoral campaigns, and business contributions are theoretically subject to limits and conditions. Despite this, recent controversies have emerged regarding certain political parties attempting to evade legal scrutiny. Campaign spending is limited, and third-party financing of election campaigns is strictly prohibited. Candidates must submit a comprehensive report to the audit office detailing campaign income and expenditures within 100 to 125 days post-election. The legislation does not provide for interim reporting.
The Central Election Commission monitors compliance with campaign finance rules. The audit office, responsible for auditing party accounts, is empowered to undertake investigations on its own initiative and upon complaint. The OSCE noted that the audit office has strengthened its capacity for auditing political parties and developed internal regulations, including online submission of annual party and campaign finance reports. Among other initiatives, the audit office launched a public website providing information on the economic and financial activities of political parties and related entities. In January 2022, the audit office urged parliament to revise the legislation governing party financing, focusing on thresholds for sanctions and issues of disproportionality, but the law remains unchanged.
The OSCE expressed confidence in the legal framework during the 2023 elections, considering it conducive to holding democratic elections. The organization acknowledged widespread confidence in the efficacy of remedies offered by the election administration and courts in addressing election disputes. However, the OSCE recommended reviewing the balance between public and private funding to ensure the system does not disproportionately favor larger, established parties over smaller, local ones. Other recommendations, including enhancing transparency in election administration meetings, reviewing candidate eligibility restrictions, and establishing an independent media oversight authority, remain unimplemented (OSCE, 2023).
The national elections in 2023 faced logistical challenges primarily due to tight deadlines and the holiday season, resulting in difficulties recruiting sufficient polling staff.
Citations:
OSCE/ODHIR. 2023. “Spain Early Parliamentary Elections on 23 July 2023.” https://www.osce.org/files/f/documents/0/2/547184.pdf
All Congress of Deputies electoral candidate lists must ensure a minimum representation of 40% for each gender. Parliamentary parties are exempt from collecting signatures for candidate nominations, while non-parliamentary parties must gather signatures from at least 0.1% of voters in the respective constituency for their proposed lists. Radiotelevisión Española (RTVE), the major national public broadcaster, is obligated to inform voters about upcoming elections, providing proportional coverage of all contestants and organizing election debates.
All political parties with parliamentary representation have access to public media during electoral campaigns. They are covered by news reports and can participate in candidate debates. However, new parties face restricted access, with airtime in news and elections-related programming distributed based on past electoral performance. This has sparked controversy, particularly regarding the limitations faced by new parties in their first electoral campaign before entering parliament. According to the OSCE, the 2023 elections had fair media access and coverage, but challenges related to disinformation were noted. Concerns have also been raised about certain regional governments’ influence over regional public media.
The party financing law was reformed in 2015 as part of an anti-corruption plan to increase transparency and impose sanctions following numerous scandals. It imposes spending limits in electoral campaigns, and business contributions are theoretically subject to limits and conditions. Despite this, recent controversies have emerged regarding certain political parties attempting to evade legal scrutiny. Campaign spending is limited, and third-party financing of election campaigns is strictly prohibited. Candidates must submit a comprehensive report to the audit office detailing campaign income and expenditures within 100 to 125 days post-election. The legislation does not provide for interim reporting.
The Central Election Commission monitors compliance with campaign finance rules. The audit office, responsible for auditing party accounts, is empowered to undertake investigations on its own initiative and upon complaint. The OSCE noted that the audit office has strengthened its capacity for auditing political parties and developed internal regulations, including online submission of annual party and campaign finance reports. Among other initiatives, the audit office launched a public website providing information on the economic and financial activities of political parties and related entities. In January 2022, the audit office urged parliament to revise the legislation governing party financing, focusing on thresholds for sanctions and issues of disproportionality, but the law remains unchanged.
The OSCE expressed confidence in the legal framework during the 2023 elections, considering it conducive to holding democratic elections. The organization acknowledged widespread confidence in the efficacy of remedies offered by the election administration and courts in addressing election disputes. However, the OSCE recommended reviewing the balance between public and private funding to ensure the system does not disproportionately favor larger, established parties over smaller, local ones. Other recommendations, including enhancing transparency in election administration meetings, reviewing candidate eligibility restrictions, and establishing an independent media oversight authority, remain unimplemented (OSCE, 2023).
The national elections in 2023 faced logistical challenges primarily due to tight deadlines and the holiday season, resulting in difficulties recruiting sufficient polling staff.
Citations:
OSCE/ODHIR. 2023. “Spain Early Parliamentary Elections on 23 July 2023.” https://www.osce.org/files/f/documents/0/2/547184.pdf
To what extent can all citizens, both in legal terms (de jure) and in practice (de facto), exercise their right to vote?
10
9
9
There are no significant barriers, by law or in practice, that hinder citizens or specific groups in society from exercising their right to vote.
8
7
6
7
6
Existing barriers, by law and in practice, pose no significant obstacles to voting.
5
4
3
4
3
Existing barriers, by law and in practice, pose some significant obstacles to voting.
2
1
1
Existing barriers, by law and in practice, pose various significant obstacles that substantially hinder voting.
Every Spanish citizen aged 18 and older has the right to vote, and this suffrage is exercised without significant exclusion or discrimination. Only individuals convicted of certain criminal offenses may lose their political rights. All citizens are automatically included in the electoral register, which is based on permanent residency and updated monthly using data from municipal and consular population registries.
There has been considerable discussion about the voting rights of Spanish citizens living overseas, who have faced bureaucratic obstacles in participating in elections. The Organic Law 12/2022, of September 30, introduced new regulations for voting by Spaniards living abroad, establishing conditions for designating new centers authorized to collect ballot box votes.
In the 2023 elections, overseas residents no longer needed to apply to vote. They had to be registered in the Consular Register and the Register of Non-Resident Voters and received ballot papers by mail. Voters could also download ballot papers from the National Statistics Institute Website (Spanish Government, 2023).
The Organic Law on the General Electoral System (LOREG) establishes an independent, hierarchically structured administrative bureaucracy to ensure transparency, objectivity, and equality in electoral procedures. The Electoral Administration includes the Central Electoral Board, the Autonomous Community Electoral Boards, the Provincial Electoral Boards, and the Area Electoral Boards. These boards are well-equipped and financially resourced to guarantee the transparency and fairness of electoral processes.
Electoral boards are composed of three members, including a chairperson, selected by lottery from among registered voters in the respective precinct. Serving on an electoral board is a civic obligation, with exemptions granted only for compelling reasons such as work commitments or health issues.
The 2023 election campaigns were generally peaceful, though there were instances of tension and confrontation. The tone of the campaigns was harsh, with some parties using highly charged language to warn voters that supporting regional contestants might undermine democracy in Spain. Voters were required to register with both the Consular Register and the Register of Non-Resident Voters and received their ballots by mail. Voters could also download their ballots from the National Statistics Institute website (Spanish Government, 2023). Discussions about TV debate formats dominated political discourse during the first week of the national election campaign. There were no reported incidents of harassment, violence, or intimidation against voters (OSCE, 2023).
Some irregularities have been observed in the voter registry for postal voting. The influx of applications for postal votes for the 2023 municipal elections in Melilla prompted the electoral board to require that citizens requesting to vote by post must visit the post office and identify themselves with their ID card when submitting their ballot envelope. To enhance the security of postal voting for the national elections, the Central Electoral Board issued an instruction in early June 2023 requiring all voters to prove their identity when submitting their vote at the post office by registered mail. Some parties have spread misleading information about postal votes. Multiple cases of vote-buying in the local elections in May 2023, implicating various political parties, are currently under judicial investigation.
Citations:
OSCE/ODHIR. 2023. “Spain Early Parliamentary Elections on 23 July 2023.” https://www.osce.org/files/f/documents/0/2/547184.pdf
Spanish Government. 2023. Order AUC/306/2023, of 28 March, establishing the conditions for the designation of the centres authorised abroad for the deposit of votes in ballot boxes in electoral processes called in Spain.
There has been considerable discussion about the voting rights of Spanish citizens living overseas, who have faced bureaucratic obstacles in participating in elections. The Organic Law 12/2022, of September 30, introduced new regulations for voting by Spaniards living abroad, establishing conditions for designating new centers authorized to collect ballot box votes.
In the 2023 elections, overseas residents no longer needed to apply to vote. They had to be registered in the Consular Register and the Register of Non-Resident Voters and received ballot papers by mail. Voters could also download ballot papers from the National Statistics Institute Website (Spanish Government, 2023).
The Organic Law on the General Electoral System (LOREG) establishes an independent, hierarchically structured administrative bureaucracy to ensure transparency, objectivity, and equality in electoral procedures. The Electoral Administration includes the Central Electoral Board, the Autonomous Community Electoral Boards, the Provincial Electoral Boards, and the Area Electoral Boards. These boards are well-equipped and financially resourced to guarantee the transparency and fairness of electoral processes.
Electoral boards are composed of three members, including a chairperson, selected by lottery from among registered voters in the respective precinct. Serving on an electoral board is a civic obligation, with exemptions granted only for compelling reasons such as work commitments or health issues.
The 2023 election campaigns were generally peaceful, though there were instances of tension and confrontation. The tone of the campaigns was harsh, with some parties using highly charged language to warn voters that supporting regional contestants might undermine democracy in Spain. Voters were required to register with both the Consular Register and the Register of Non-Resident Voters and received their ballots by mail. Voters could also download their ballots from the National Statistics Institute website (Spanish Government, 2023). Discussions about TV debate formats dominated political discourse during the first week of the national election campaign. There were no reported incidents of harassment, violence, or intimidation against voters (OSCE, 2023).
Some irregularities have been observed in the voter registry for postal voting. The influx of applications for postal votes for the 2023 municipal elections in Melilla prompted the electoral board to require that citizens requesting to vote by post must visit the post office and identify themselves with their ID card when submitting their ballot envelope. To enhance the security of postal voting for the national elections, the Central Electoral Board issued an instruction in early June 2023 requiring all voters to prove their identity when submitting their vote at the post office by registered mail. Some parties have spread misleading information about postal votes. Multiple cases of vote-buying in the local elections in May 2023, implicating various political parties, are currently under judicial investigation.
Citations:
OSCE/ODHIR. 2023. “Spain Early Parliamentary Elections on 23 July 2023.” https://www.osce.org/files/f/documents/0/2/547184.pdf
Spanish Government. 2023. Order AUC/306/2023, of 28 March, establishing the conditions for the designation of the centres authorised abroad for the deposit of votes in ballot boxes in electoral processes called in Spain.
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To what extent do parties articulate and aggregate all societal interests?
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9
9
There are no barriers, by law or in practice, to achieving effective societal integration.
8
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6
7
6
Existing obstacles in the party system, by law and in practice, pose no significant barriers to achieving effective societal integration.
5
4
3
4
3
Existing obstacles in the party system, by law and in practice, pose some significant barriers to achieving effective societal integration.
2
1
1
Existing obstacles in the party system, by law and in practice, pose various significant barriers to achieving effective societal integration.
Each major political party in Spain has local branches that allowing them to represent local interests and maintain a presence in communities. Several nationalist parties, which have significant national impact, focus on specific local interests or are pro-independence, maintaining a permanent presence of party activists in particular communities. Left-wing parties are noticeable but primarily concentrated in urban areas. The organizational hierarchy varies significantly among major political parties. For instance, the new Sumar party is a loose alliance of regional and local groups, whereas Vox is highly organized.
During the observation period, party leadership structures increased their control over major decisions, including the appointment of local and regional party leaders. However, the decline in party membership in recent years has weakened the connection between parties, new voters, and civil society actors.
Most parties and their candidates provide targeted goods and benefits to a minor extent. During the past legislative term, 19 parties were represented in the Spanish parliament, some with very specific programs and others with predominantly regional interests focused on particular goods and benefits.
According to the V-Dem project, party manifestos differ widely. For example, on immigration, some manifestos strongly oppose almost all forms of immigration, while others strongly support most forms (V-Dem Project, 2023). Similar variations exist in minority policies and the territorial organization of the state, among others. All party manifestos are publicly accessible.
Citations:
V-Dem Project, https://www.v-dem.net/about/v-dem-project/
During the observation period, party leadership structures increased their control over major decisions, including the appointment of local and regional party leaders. However, the decline in party membership in recent years has weakened the connection between parties, new voters, and civil society actors.
Most parties and their candidates provide targeted goods and benefits to a minor extent. During the past legislative term, 19 parties were represented in the Spanish parliament, some with very specific programs and others with predominantly regional interests focused on particular goods and benefits.
According to the V-Dem project, party manifestos differ widely. For example, on immigration, some manifestos strongly oppose almost all forms of immigration, while others strongly support most forms (V-Dem Project, 2023). Similar variations exist in minority policies and the territorial organization of the state, among others. All party manifestos are publicly accessible.
Citations:
V-Dem Project, https://www.v-dem.net/about/v-dem-project/
To what extent do political parties retain their ability to enable cross-party cooperation in policymaking and implementation?
10
9
9
There are no barriers, by law or in practice, to achieving effective cross-party cooperation.
8
7
6
7
6
Existing obstacles in the party system, by law and in practice, pose no significant barriers to achieving effective cross-party cooperation.
5
4
3
4
3
Existing obstacles in the party system, by law and in practice, pose some significant barriers to achieving effective cross-party cooperation.
2
1
1
Existing obstacles in the party system, by law and in practice, pose various significant barriers to achieving effective cross-party cooperation.
All major political parties in Spain are committed to liberal democratic values and institutions. However, the rise of populist movements, including the ideologically radical but not extreme Vox, has intensified rhetoric around representative institutions. Vox advocates for some policies that counter several basic principles of liberal democracy, such as gender equality and minority rights (Santana et al., 2023). Among the main Spanish parties, Vox has the highest proportion of supporters who are dissatisfied with democracy and do not support it at all. Additionally, pro-independence political parties campaign against Spain’s constitutional order.
Polarization significantly hinders cross-party agreements and the formation of parliamentary majorities. This polarization and fragmentation within the Congress of Deputies have severely affected the parliament’s legislative function in recent years. Despite this, the first coalition government was in power from 2020 to 2023, and in 2023, a new minority coalition government was formed. Major political parties generally lack a cooperative attitude toward one another.
During the period under review, the General Council of the Judiciary – an autonomous body composed of judges and other jurists that exercises government functions within the judiciary to guarantee judicial independence – could not be renewed due to political deadlock. At the regional level, the financing scheme for regional governments has been pending an update since 2014, primarily due to significant disagreements among political parties.
Major political parties also struggle to cooperate in controlling the influence of anti-democratic actors. In contrast, the coalition government experienced few but notable policy dissonances between some members. Despite these challenges, the PSOE managed to form a majority for the investiture of Pedro Sanchez in November 2023 with ideologically divergent parties.
The ability to compromise and cooperate will continue to be crucial for governance and policy execution in the coming years. At the regional level, interparty cooperation in policymaking and implementation has a long tradition, with most regional governments formed by two or more parties.
Citations:
Santana, A. et al. 2023. “The Radical Right Populist Vox and the End of Spain’s Exceptionalism.” https://theloop.ecpr.eu/the-radical-right-populist-vox-and-the-end-of-spains-exceptionalism
Polarization significantly hinders cross-party agreements and the formation of parliamentary majorities. This polarization and fragmentation within the Congress of Deputies have severely affected the parliament’s legislative function in recent years. Despite this, the first coalition government was in power from 2020 to 2023, and in 2023, a new minority coalition government was formed. Major political parties generally lack a cooperative attitude toward one another.
During the period under review, the General Council of the Judiciary – an autonomous body composed of judges and other jurists that exercises government functions within the judiciary to guarantee judicial independence – could not be renewed due to political deadlock. At the regional level, the financing scheme for regional governments has been pending an update since 2014, primarily due to significant disagreements among political parties.
Major political parties also struggle to cooperate in controlling the influence of anti-democratic actors. In contrast, the coalition government experienced few but notable policy dissonances between some members. Despite these challenges, the PSOE managed to form a majority for the investiture of Pedro Sanchez in November 2023 with ideologically divergent parties.
The ability to compromise and cooperate will continue to be crucial for governance and policy execution in the coming years. At the regional level, interparty cooperation in policymaking and implementation has a long tradition, with most regional governments formed by two or more parties.
Citations:
Santana, A. et al. 2023. “The Radical Right Populist Vox and the End of Spain’s Exceptionalism.” https://theloop.ecpr.eu/the-radical-right-populist-vox-and-the-end-of-spains-exceptionalism
Graph View
To what extent can citizens and residents access official information?
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9
9
There are no barriers, by law or in practice, for citizens seeking to access official information.
8
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7
6
Existing barriers, by law and in practice, pose no significant obstacles for citizens seeking to access official information.
5
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3
4
3
Existing barriers, by law and in practice, pose some significant obstacles for citizens seeking to access official information.
2
1
1
Existing barriers, by law and in practice, pose many/various significant obstacles for citizens seeking to access official information.
Spain’s first specific law enabling free and easy access to government information was approved in 2013. This transparency law covers requests for information and access to public documents. In 2023, a new law on whistleblower protection was adopted. Law 2/2023, which transposes the Whistleblowing Directive, establishes an authority to protect whistleblowers and a regime of sanctions to address actions that might hinder whistleblower reports. The specifics of this law are still being developed. At the regional level, several lobby regulations and whistleblower protections have already been adopted.
Citizens can enforce their right to access information through several appeal and oversight mechanisms, such as the Spanish and regional ombudsmen or the transparency councils. In 2023, two measures related to the new integrity system – a code on good administration for civil servants and a code on good government – were adopted. However, the legislative debate on the new law on Transparency and Integrity has been postponed until 2024 due to the dissolution of parliament in May. Additionally, the government has been working on a draft law on access to classified information but did not submit the legislative project to parliament in 2023.
According to the European Commission, the efficiency of the Council of Transparency and Good Governance has improved. During the review period, a new document management system was introduced to enhance transparency and reduce formalities, ensuring adequate and prompt access to information. However, following the regional elections in May 2023, the regional government of the Community of Madrid introduced a legal amendment to reduce the autonomy of the Council of Transparency.
Under the Transparency Law, public administration has one month to reply to a citizen’s request for information. If the citizen is not satisfied with the response, they can file a complaint with the Council for Transparency and Good Governance. The council has three months to decide whether the requested data can be provided. However, during the review period, the council took an average of seven months to respond to citizens’ complaints to the state administration (El Pais 2023). This delay is mainly due to the council receiving four times more complaints in 2023 and 2022 than in 2015, when it started its activity, while the number of staff has hardly changed (Council of Transparency and Good Governance 2023).
Citations:
European Commission. 2023. “Rule of Law Report.”
https://commission.europa.eu/system/files/2023-07/23_1_52576_coun_chap_spain_en.pdf
Council of Transparency and Good Governance. 2023. “Data Activities During the Year 2023.” https://www.consejodetransparencia.es/ct_Home/gl/Actividad/Datos-actividades/Estadisticas2023/Estadisticas-Globales-2023.html
El Pais. 2023. “The institution that oversees transparency in Spain.” https://elpais.com/espana/2023-10-10/el-organismo-que-vela-por-la-transparencia-en-espana-atascado-duplica-los-plazos-legales-para-contestar-a-los-ciudadanos.html
Citizens can enforce their right to access information through several appeal and oversight mechanisms, such as the Spanish and regional ombudsmen or the transparency councils. In 2023, two measures related to the new integrity system – a code on good administration for civil servants and a code on good government – were adopted. However, the legislative debate on the new law on Transparency and Integrity has been postponed until 2024 due to the dissolution of parliament in May. Additionally, the government has been working on a draft law on access to classified information but did not submit the legislative project to parliament in 2023.
According to the European Commission, the efficiency of the Council of Transparency and Good Governance has improved. During the review period, a new document management system was introduced to enhance transparency and reduce formalities, ensuring adequate and prompt access to information. However, following the regional elections in May 2023, the regional government of the Community of Madrid introduced a legal amendment to reduce the autonomy of the Council of Transparency.
Under the Transparency Law, public administration has one month to reply to a citizen’s request for information. If the citizen is not satisfied with the response, they can file a complaint with the Council for Transparency and Good Governance. The council has three months to decide whether the requested data can be provided. However, during the review period, the council took an average of seven months to respond to citizens’ complaints to the state administration (El Pais 2023). This delay is mainly due to the council receiving four times more complaints in 2023 and 2022 than in 2015, when it started its activity, while the number of staff has hardly changed (Council of Transparency and Good Governance 2023).
Citations:
European Commission. 2023. “Rule of Law Report.”
https://commission.europa.eu/system/files/2023-07/23_1_52576_coun_chap_spain_en.pdf
Council of Transparency and Good Governance. 2023. “Data Activities During the Year 2023.” https://www.consejodetransparencia.es/ct_Home/gl/Actividad/Datos-actividades/Estadisticas2023/Estadisticas-Globales-2023.html
El Pais. 2023. “The institution that oversees transparency in Spain.” https://elpais.com/espana/2023-10-10/el-organismo-que-vela-por-la-transparencia-en-espana-atascado-duplica-los-plazos-legales-para-contestar-a-los-ciudadanos.html