The Council of Europe reproaches Spain not to have renovated the aforements or regulated the ‘lobbies’ to combat corruption | Spain

by Andrea
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Spain should “intensify their efforts” to implement reforms that allow reinforcing the mechanisms and security forces. Among them, the aforements or the regulation of lobbieswhich continue to take the debate around new scandals such as those of the Abalos-Cerdán case or the Montoro case. This is collected by the report of the group of states against corruption (Greco), under the Council of Europe, after the review of the steps taken by Madrid since published, in 2019, the last Report on the prevention of corruption and promotion of integrity in central governments and security forces and forces.

The monitoring report highlights advances such as. However, in the document El Greco says to take note of a “lack of decisive action and tangible results” on the recommendations made almost six years ago in terms of the highest functions of the central government, on which 10 of the 19 indications made. In addition, remember that “the” implementation “of the democratic regeneration plan – its measures for greater transparency and control in politics and media and a defense of the right to freedom of expression – and the still pending open administration law (in the preliminary phase), which propose improvements in the field of fight against corruption and transparency.

“Spain has not applied satisfactorily nor has any of the 19 recommendations contained in the Fifth Round Evaluation Report” (published in 2019) satisfactorily, regrets the follow -up analysis. Of all the recommendations, the working group believes that 16 have been executed, but only “partially”, but three others are still not applied. That is already an advance, since in the 2021 report seven measures had been partially applied. This progress allows the Ministry of Justice to consider that Greco recognizes the “advances” of the last year. However, the group concludes that Spain “does not comply with the recommendations enough”, so it asks the authorities to present a report on the progress in their application before June 30, 2026.

One of the main criticisms made in the new review refers to the and that has been questioned again after the Ábalos case. Precisely, this measure was in the center of one of the recommendations made in 2019, although the Government has responded to the institution that this figure, with constitutional rank, does not in any way impunity for the agoras.

“The authorities have referred to various modifications in different subnational entities to modify the procedure of Afforacionbut no changes have been produced at the central level, which is the object of the current round of evaluations, ”says the new report, which concludes that“ no measures have been taken to reform the special procedure of the criminal responsibility system of the members of the Government ”so that it does not impede that justice can act on them in case of being suspected of having committed corruption crimes.

Address the “rotating doors”

Similarly, he points out that efforts to regulate the practices of lobby, that they have once again been in the front line of the debate following the recent cases of corruption, “they are still to materialize in practice” and that the question of the publication of the agendas “is still pending.” In addition, the Government has not yet attended sufficiently the issue of “rotating doors”, whose control mechanisms were requested and reinforced: “Restrictions after employment for political positions and financial dissemination requirements must be further reinforced, especially with regard to independent supervision and the publication of broken financial data,” says the specialists of the Council of Europe. In the same sense, they regret that the Office of Conflicts of Interest “still has true independence or its own budget.”

In the original report, Greco experts also requested a greater “transparency and integrity” of the members of these institutions, especially in an area that remains in a “gray zone”, that of the advisors, for whom it requested a standard of demand “equivalent” to the other occupants of high executive functions. For the latter, the Greco also demanded an “integrity strategy to analyze and mitigate the areas of conflict and corruption conflict risks.” The Government is addressing the regime applicable to the advisors within the draft Open Administration Law.

Also, the adoption of norms that regulate their contact with “interest groups and other third parties that try to influence the legislative or other government work.” And suggested publishing a “code of conduct”, so that citizens can judge whether the senior officials comply with good practices.

The advances in the implementation of the recommendations that the Greco made for the National Police and the Civil Guard are also “mixed.” Both organizations recommended, six years ago, “to improve their internal corruption prevention mechanisms”, as well as a “greater transparency, objectivity and justice” in relation to internal processes related to the professional career and the granting of bonds, medals and other benefits. They also urged them to pay “special attention” to the integration of women “at all levels of security forces and bodies.”

According to the new review, although “it has carried out risk assessments and supervision actions,” in the National Police “there is still no specific strategy against corruption.” In addition, the 2013 Code of Conduct “still does not have practical application measures”, while hiring and discretionary appointments “still require greater transparency.” And while “normative efforts” in police training are recognized, he believes that “structural improvements” in ethics and integrity “remain incomplete.”

The Civil Guard has made, in comparison, “more advances”, especially through the development of the Integrity System of the Civil Guard (SINTEGC) and the, although it emphasizes that some of its key initiatives, such as the protocol of good practices that should accompany the PLAEP, “are still pending adoption.”

The Ministry of Justice considers that the report recognizes “the efforts made during the last year thanks to initiatives such as the Action for Democracy Plan, the bill that regulates the activity of the lobbies, or the draft of open administration law, which reinforces compliance in terms of transparency and institutional integrity”.

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