SPAIN Trends and Developments Contributed by: Gabriel Rodriguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
• The European legislation pending of transpo - sition and implementation is as follows. (a) Implementation of the Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and Euro - pean Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings (will enter into force on 18 August 2026). (b) Transposition of the Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designa - tion of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings (to be transposed before 1 February 2026). (c) Directive (EU) 2024/1203 of the European Parliament and of the Council of 11 April 2024 on the protection of the environment through criminal law and replacing Direc - tives 2008/99/EC and 2009/123/EC (to be transposed before 21 May 2026). (d) Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Direc - tive (EU) 2018/1673 (to be transposed before 20 May 2026). • On 12 May 2022, Spain signed the Second Additional Protocol to the Convention on Cybercrime on enhanced co-operation and disclosure of electronic evidence (CETS No 224) of the Council of Europe, which is pend - ing the approval of the United Nations Cyber - crime Convention, and the EU-US e-evidence agreement to facilitate access to electronic evidence in criminal investigations, which is
being negotiated between the US Department of Justice and the European Commission. The Group of States Against Corruption (GRECO – Groupe d’Etats contre la corruption ) of the Council of Europe, adopted its last published report referred to Spain (addendum to the sec - ond compliance report) at its 92nd Plenary Meet - ing on 2 December 2022 (the last report – Sec - ond Compliance Report – adopted at the 95nd Plenary meeting on 27 November to 1 December 2023 is confidential) covering corruption preven - tion in respect of members of parliament, judges and prosecutors. The recommendations referred to corruption prevention in respect of members of parlia - ment, including the introduction of rules on how members of parliament engage with lobbyists and other third parties who seek to influence the legislative process. There is still no national leg - islation approved. In 2022 (previous legislative term) the government proposed a Law on Trans - parency and Integrity in the Activities of Interest Groups, whcih has not yet been approved. The parliaments of different regions of Spain have passed specific laws for their territories. Executive Branch The enforcement agencies related to combating corruption and protection of individuals report - ing regulatory violations are as follows. • Depending on the general state administra - tion, the Independent Whistle-Blower Pro - tection 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 October 2024). • Depending on the autonomous community’s administration:
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