Blueprint publishes Spanish whistleblower advocacy tool

The Spanish government is currently discussing a combined anti-corruption and whistleblower protection law. While this would be an important step into the right direction for a country which has suffered multiple large-scale corruption scandals in recent years, the current proposal would not effectively address the widespread culture of corruption. In one striking example, the draft law does neither include the establishment of a Code of Conduct for Parliamentarians, nor of a transparency register for lobby groups – both essential elements in effective control of abuse of power in politics. The Council of Europe Group of States against Corruption (GRECO) had also continuously recommended both measures for implementation.

Furthermore, no mechanisms are foreseen that would improve the independence of the judiciary – to date, there are no limitations for members of parliament to engage in the selection process for judges in the highest of Spain’s courts.

When it comes to protecting whistleblowers, the proposal does not live up to international standards, either. Not only is it limited in types of reportable wrongdoing, it also would only protect whistleblowers who work in public authorities. The proposal does not allow anonymous disclosures of information nor reports to external organizations. This is a deterrent to effectively using whistleblower protection as a means to counter wrongdoing.

For a summery of the missing elements in the proposed legislation, read our new tool “Analysis and comment on the proposed law Ley Integral de Lucha contra la Corrupción y Protección de los Denunciantes” in English or Spanish