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Spain
2015
EAM
Parliamentary
elections
The authorities should ensure the full enjoyment of the rights of freedom of expression, association and peaceful assembly, and that any restrictions on the exercise of these rights are proportional and minimal, in accordance with international standards.
Recommendation # in final report:
1
Type of recommendation:
Priority
Thematic area:
Campaign
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Legal Framework
Spain
2019
Early election
EET
Parliamentary
elections
Data-driven electoral campaigning, based on segmentation and profiling of users should be further regulated in the law in order to ensure transparency, data protection, safeguard public trust and a level playing field for the electoral contestants. Existing regulations on collection and use of personal data for electoral purposes should be updated to reflect the decision of the Constitutional Court and ensure that any use of personal data of voters is in line with EU policy documents.
Recommendation # in final report:
1
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Legal Framework, Electoral System and Election Administration
Spain
2019
Early election
EET
Parliamentary
elections
Consideration could be given to enhancing the regulation of online campaigning with the aim to ensure a level playing field for all contestants and voters’ informed choice.
Recommendation # in final report:
4
Type of recommendation:
Other
Thematic area:
Campaign
Type of change required:
No longer valid
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Campaign
Spain
2023
Early election
EET
Parliamentary
elections
The authorities should further enhance efforts to dissuasively address the practice of using public office for campaign purposes including additional measures, such as conducting awareness-raising for public officials and other stakeholders on what constitutes misuse of administrative resources. To further provide for a level playing field, political parties and candidates should comply with the law and refrain from using public office for campaign purposes.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Campaign
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Campaign
Spain
2023
Early election
EET
Parliamentary
elections
Ongoing efforts to counter disinformation should continue to be supported by public authorities and non-state actors, and include enhanced co-ordinated measures between big-tech companies, media outlets and fact-checking organizations as well as initiatives promoting inter-party dialogue.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Campaign
Secondary thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Campaign
Spain
2015
EAM
Parliamentary
elections
Consideration should be given to making the donation limit and the prohibition provisions apply to all foundations and associations affiliated with political parties, and to obliging them to also report their expenditures.
Recommendation # in final report:
4
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Political Party and Campaign Finance
Spain
2015
EAM
Parliamentary
elections
Consideration should be given to requiring the publication of financial reports by electoral contestants in a timely manner and accompanied by all supporting materials to allow for public scrutiny.
Recommendation # in final report:
5
Type of recommendation:
Priority
Thematic area:
Campaign Finance
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Political Party and Campaign Finance
Spain
2015
EAM
Parliamentary
elections
Consideration should be given to ensuring that all infringements of political finance rules entail effective, proportionate and dissuasive sanctions.
Recommendation # in final report:
15
Type of recommendation:
Other
Thematic area:
Campaign Finance
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Political Party and Campaign Finance
Spain
2015
EAM
Parliamentary
elections
Limitations on the right to stand should be reviewed to further enhance full compliance with OSCE commitments and other international obligations and standards. Any restriction on the right to stand for an election must be justifiable on objective and reasonable criteria. The withdrawal of individual franchise in case of a criminal conviction without a final court decision should be reconsidered. The legislation should be amended to allow individual citizens to run as independent candidates, in accordance with OSCE commitments and other international obligations and standards.
Recommendation # in final report:
11
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Candidate Registration
Spain
2015
EAM
Parliamentary
elections
As previously recommended, consideration should be given to establishing equal conditions for the nomination of candidates by non-parliamentary parties and groups of citizens.
Recommendation # in final report:
12
Type of recommendation:
Other
Thematic area:
Candidate Registration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Candidate Registration
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