Transparency International's Corruption Perceptions Index 2022 shows (again) Spain stagnating in its efforts to prevent and fight corruption. For the second consecutive year, our country drops one point with respect to the previous year, and obtains a score of 60/100 in this edition. With this rating, it currently occupies position 35/180 in the world ranking, where it assumes a score decrease with respect to the IPC 20211.
Although a drop of one point does not, in principle, represent a statistically significant change according to the Transparency International2 methodology, it should be noted (considering a historical approach) that in the last ten years Spain has gone from a score of 65 (CPI 2012) to 60. (IPC 2022), and that since 2019 Spain has dropped five places in the world ranking, going from position 30/180 in 2019 to 35/180 in 2022.
Likewise, it should be noted that in the case of Spain, the CPI 2022 has been based on eight external sources3, among which stands out the 2021 Executive Opinion Survey of the World Economic Forum, according to which Spain has significantly decreased its score in the dimensions of (i) irregular payments in public services (down 0,45 points compared to the previous year), (ii) irregular payments in exports and imports (down 0,38 points) and (iii) judicial decisions in corruption cases (down 0,39. XNUMX points).
From this, it is worth asking what this stagnation is due to, which is prolonged over time and the reforms that are still pending, which prevent Spain from advancing in terms of transparency, anti-corruption and good governance, are appropriate.
In this sense, it should be clarified that the reform of Law 19/2013, of December 9, on transparency, access to public information and good governance is still imperatively necessary. A group of experts was set up within the framework of the Open Government Forum who have been working on this reform4 so well, there is regret that it recently opened the public consultation process prior to the elaboration of the bill that modified the Law 19/20135, the reform of this law continues to be one of the great pending subjects in Spain.
Likewise, the proper regulation of interest groups (lobbies) at the national level, and the creation of a single and mandatory registry of lobbies, is also still pending. Thus, in November 2022, the Ministry of Finance and Public Function published the Draft Law on Transparency and Integrity in the Activities of Interest Groups, its parliamentary approval is still pending6. Ensure transparency, integrity, and equal opportunities for stakeholder groups to access the results necessary to reduce the risks of fraud, corruption, and stakeholder conflicts, improve the quality of decision-making processes, and promote a higher level of integrity and transparency in Public Administrations.
Other of the great pending subjects in Spain are the modification of the Law on incompatibilities of personnel at the service of Public Administrations and the prevention of conflicts of interested parties, as well as the approval of the Law for the protection of whistleblowers), by which Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, relating to the protection of persons who report violations of Union Law, is transposed. Although Spain has a Bill in this regard7, it still does not formally have an adequate regulation on the matter.
Despite also the publication of a draft Royal Decree for the creation of a registry of beneficial ownership8 and Spain's attempt to advance in this matter, promoting the transparency of beneficial ownership continues to be another of the great challenges, which is It has become even more complex after the ruling of the Court of Justice of the European Union (CJEU) invalidating a provision of the 5th EU Directive against money whitening that guaranteed public access to information on beneficial ownership of the companies9 .
Just as Spain has tried to advance in the last year in a solid legislative agenda to prevent and fight corruption, the efforts made have not yet been sufficient to achieve this. Spain does not have a comprehensive and transversal anti-corruption plan or strategy, which has a holistic approach and involves all anti-corruption organizations as a whole. Guaranteeing an adequate and updated legal framework is undoubtedly the first step to promote higher levels of transparency and integrity in the public environment and, ultimately, promote better public policies that result in efficiencies to prevent corruption and improve the quality of the new democracy.
1. See the full Report at: https://transparencia.org.es/wp-content/uploads/2023/01/CPI2022_Report_EN-web.pdf
2. For more information on the CPI methodology and sources, see: https://transparencia.org.es/wp-content/uploads/2023/01/CPI2022_ShortMethodology-1.pdf, https://transparencia.org. es/wp-content/uploads/2023/01/CPI2022_SourceDescription-1.pdf and https://transparencia.org.es/wp-content/uploads/2023/01/CPI2022_TechnicalMethodology.pdf
3. The eight external sources used in the CPI 2022 in the case of Spain were the following:
– Bertelsmann Stiftung Sustainable Governance Indicators 2022
– Country Risk Service 2022 from The Economist Intelligence Unit
– Global Insight Country Risk Indicators 2021
– 2022 Executive Opinion Survey of the IMD World Competitiveness Center Competitiveness Yearbook
– International Country Risk Guide 2022 by PRS Group International
– Varieties of Democracy (V-Dem v. 12) 2022
– World Economic Forum Executive Opinion Survey 2021
– Expert surveys for the World Justice Project's 2021 Rule of Law Index
4. https://transparencia.gob.es/transparencia/transparencia_Home/index/Gobierno-abierto/Grupo-Trabajo-de-Reforma-Ley-de-Transparencia.html
5. https://www.hacienda.gob.es/es-ES/Normativa%20y%20doctrina/NormasEnTramitacion/Paginas/ConsultaAbiertas.aspx
6. To access the document of contributions from Transparency International Spain (TI-E) on the Draft Law on Transparency and Integrity in the Activities of Interest Groups, see: https://transparencia.org.es/wp-content /uploads/2022/12/2022_12_5_Aportaciones-APL-transparencia-de-las-actividades-de-los-grupos-intere%CC%81s-TI-Espan%CC%83a_VF.pdf
7. See: https://www.congreso.es/public_oficiales/L14/CONG/BOCG/A/BOCG-14-A-123-5.PDF and https://www.mjusticia.gob.es/es/ Thematic Area/Legislative Activity/Documents/APL%20INFORMANTES.pdf
8. https://www.mjusticia.gob.es/es/AreaTematica/ActividadLegislativa/Documentos/Real%20Decreto%20creacion%20RETIR.pdf
9. See for more information https://www.transparency.org/en/press/eu-court-of-justice-delivers-blow-to-beneficial-ownership-transparency and https://www.transparency.org /en/blog/cjeu-ruling-eu-public-ownership-profit-records-what-next-for-corporate-transparency
