SPAIN Law and Practice Contributed by: Gabriel Rodríguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
2.6 Lobbyists There is no national legislation approved regard - ing lobbying activities. In 2022, the government proposed a Law on Transparency and Integrity in the Activities of Interest Groups that has not been approved. The parliaments of different regions of Spain have passed specific laws for their territories. • Aragón – Law 5/2017, of June 1, on Integrity and Public Ethics. • Asturias – Law 8/2018, of September 14, on Transparency, Good Governance, and Interest Groups. • Castilla-La Mancha – Law 4/2016, of Decem - ber 15, on Transparency and Good Govern - ance of Castilla-La Mancha; Agreement of 9 May 2017, from the Governing Council, establishing the obligation to publish the agendas of senior officials and equivalents within the Administration of the Junta de Comunidades de Castilla-La Mancha and its autonomous bodies; Decree 7/2018, of February 20, from the Presidency of the Junta, approving the Ethical Code for Senior Officials or Equivalents of the Administration of the J • unta de Comunidades de Castilla-La Mancha and Decree 8/2018, of February 20, from the Presidency of the Junta, creating and regulat - ing the Interest Groups Registry of Castilla-La Mancha. • Cataluña – Law 19/2014, of December 29, on Transparency, Access to Public Information, and Good Governance; Decree 171/2015, of July 28, on the Interest Groups Registry of the Administration of the Generalitat and its public sector; Resolution JUS/2104/2015, of September 21, from the Department of Justice, approving the models of electronic forms for registration/amendments of interest
Fraud in public procurement is also punished, including: • conspiring with interested parties or using any other means to defraud a public entity (Article 436 CC); and • demanding fees, charges, or tariffs that are not due or in amounts greater than those legally specified (Article 437 CC). Also introduced by the Organic Law 14/2022 (published on 23 December 2022, and entered into force on 12 January 2023), any authority who, during the performance of their function or position and up to five years after leaving them, has obtained an increase in assets or a cancel - lation of obligations or debts valued at more than EUR250,000 in relation to their accredited income, and openly refuses to comply with the requirements of the competent authorities aimed at verifying their justification, shall be punished with imprisonment for a period of six months to three years. 2.5 Intermediaries There is no specific provision for intermediaries, but non-public persons: • can be considered a necessary collaborator (Article 28 CC) or accomplice (Article 29 CC) of the crimes committed by the public servant (with possible reduction of the imprisonment period; Article 65.3 CC); and • can be specifically considered as authors of: (a) improper influence over public officials and authorities (Article 429 CC); (b) bribery of public officials and authori - ties to engage in improper conduct, who promotes or pays it (Article 424 CC), to gratify proper conduct (Article 421 CC) or due to their public position (Article 422).
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