SPAIN Trends and Developments Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
Executive The enforcement agencies related to combating cor - ruption and protection of individuals reporting regula - tory violations are as follows. • Depending on the general state administration, the Independent Whistle-Blower Protection Authority (AAI), whose statutes have been recently approved by the Royal Decree 1101/2024 (published on 30 October 2024 and entered into force on 31 Octo - ber 2024). • Depending on the autonomous community’s administration: (a) Andalucía – Andalusian Office Against Fraud and Corruption; (b) Castilla y León – Independent Authority on Corruption in Castilla y León; (c) Cataluña – Catalonia Anti-Fraud Office; (d) Galicia – Galician Authority for the Protection of Whistle-Blowers; (e) Navarra – Office of Good Practices and Anti- Corruption of the Foral Community of Navarra; and (f) Valencia – Agency for the Prevention and Fight Against Fraud and Corruption of the Valencian Community. The central authority will be competent when the infor - mation affects (Article 24 Law 2/2023, of February 20, regulating the protection of individuals who report regulatory violations and the fight against corruption): • the General State Administration and entities that conform the national public sector (see also Article 13 Law 2/2023); • private sector entities when the violation or non- compliance reported affects or produces its effects within the territorial scope of more than one autonomous community; and • activity of the public or private sector referred to as an autonomous community, if the concrete autono - mous community declares that intention and signs an agreement with the central AAI. During the next year, the AAI must become a real - ity and will begin with its activity to enforce the Law 2/2023, of February 20, regulating the protection of individuals who report regulatory violations and the
fight against corruption, investigating activities related to both the public and private sector. The Prosecutor Office is the constitutionally designed institution in charge of the defence of legality, included in the country’s judicial branch. In respect of criminal investigation and prosecution, the Prosecutor Office has competence to: • develop preliminary investigations (not involving measures affecting fundamental rights); • initiate judicial investigations and concrete investi - gation measures, both to be decided by the inves - tigation courts; and • formulate an accusation, if the trial phase is reached. The Prosecutor Office is organised both based on ter - ritorial and specialisation criteria, and for the purposes of this chapter, the Anti-Corruption Prosecutor Office has relevance. In the last published report referring to Spain (adden - dum to the second compliance report) at its 97th Plenary Meeting on 17–21 June 2024, when covering corruption prevention in respect of prosecutors, rec - ommendations were made to assure the independ - ence of the Prosecutor Office from the executive branch: • reconsidering the method of selection and the term of tenure of the Prosecutor General; • establishing clear requirements and procedures in law to increase transparency of communication between the Prosecutor General and the govern - ment; and • exploring further ways to provide for greater autonomy in the management of the means of the prosecution services. The 2025 EU rule of law report in the European Union with reference to Spain (8 July 2025) also recommends continuing to strengthen the statute of the Prosecutor General, in particular regarding the separation of the terms of office of the Prosecutor General from that of the government, taking into account European stand - ards on independence and autonomy of the prosecu - tion.
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