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Location: Spain
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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
2023
Early election
EET
Parliamentary
elections
To ensure effectiveness and consistency in the implementation of polling procedures and prevent any interference from unauthorized persons, mandatory training of poll workers should be envisaged.
Recommendation # in final report:
1
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Administration
Spain
2015
EAM
Parliamentary
elections
The principle of equality of the vote should be upheld, in accordance with the Constitution, OSCE commitments, other international obligations and standards and good international practice.
Recommendation # in final report:
2
Type of recommendation:
Priority
Thematic area:
Electoral System
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Electoral System
Spain
2019
Early election
EET
Parliamentary
elections
The principle of equality of the vote should be upheld, in accordance with the Constitution, OSCE commitments, other international obligations and standards and good international practice.
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Electoral System
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Legal Framework, Electoral System and Election Administration
Spain
2023
Early election
EET
Parliamentary
elections
In line with OSCE commitments, gender-disaggregated data about the electoral administration and process should be made available in a comprehensive manner.
Recommendation # in final report:
2
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Administration
Spain
2015
EAM
Parliamentary
elections
The authorities should address the shortcomings of the postal voting system, and take steps to ensure that all voters benefit from equal voting opportunities to the maximum extent possible.
Recommendation # in final report:
3
Type of recommendation:
Priority
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Postal Voting
Spain
2019
Early election
EET
Parliamentary
elections
As previously recommended, the authorities should address the shortcomings of the postal voting, and take steps to ensure that all voters benefit from equal voting opportunities to the maximum extent possible.
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Legal Framework, Electoral System and Election Administration
Spain
2023
Early election
EET
Parliamentary
elections
The election commissions at all levels should conduct their meetings in open sessions. Decisions of election commissions should be made publicly available promptly, allowing for transparency and public scrutiny.
Recommendation # in final report:
3
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Administration
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
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
Accessibility should be a goal of election management bodies throughout the entire electoral process. Among other measures, education materials, including on the rights of political participation and election procedures, should be available in easy-to-read language and other accessible formats.
Recommendation # in final report:
4
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Administration
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
2019
Early election
EET
Parliamentary
elections
To enhance transparency of media ownership media should be required to publish accurate data on their ownership. In order to safeguard media pluralism consideration could further be given to provide for media-ownership regulation.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Sub-legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Media
Spain
2023
Early election
EET
Parliamentary
elections
In the interests of legal certainty, safeguards of electoral integrity, including the requirements to produce identification documents when submitting a postal ballot, should be foreseen in the law.
Recommendation # in final report:
5
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Postal Voting
Spain
2015
EAM
Parliamentary
elections
Consideration should be given to reviewing the method of selecting the members of RTVE’s executive board with a view to protecting the public broadcaster from political interference and ensuring standards of professionalism and editorial independence.
Recommendation # in final report:
6
Type of recommendation:
Priority
Thematic area:
Media
Secondary thematic area:
Legal Framework
Type of change required:
Practice
Status of implementation:
Mostly
Year of assessment:
2023
Final report heading:
Media
Spain
2019
Early election
EET
Parliamentary
elections
Legislation could be reviewed to allow public media to rely on editorial discretion in their news coverage of election campaigns rather than a formula-based distribution of airtime, provided that all contestants are treated equally and are allowed genuine opportunity to present their platforms.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Media
Spain
2023
Early election
EET
Parliamentary
elections
The election administration should take steps to reinforce the secrecy of the vote, including through voter education. The layout of the polling stations and the available equipment should also encourage secret personal voting.
Recommendation # in final report:
6
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Day
Spain
2015
EAM
Parliamentary
elections
Consideration could be given to establishing an independent broadcasting authority in order to ensure transparency and pluralism in the broadcast sector, issue licenses, conduct media monitoring, including during electoral campaigns, and adjudicate complaints.
Recommendation # in final report:
7
Type of recommendation:
Priority
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Media
Spain
2019
Early election
EET
Parliamentary
elections
The management of the public broadcaster should be appointed in line with the reformed procedures as soon as possible with a view to protecting it from political interference and ensuring standards of professionalism and editorial independence.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Media
Spain
2023
Early election
EET
Parliamentary
elections
The authorities should continue to improve the physical accessibility of polling stations, for example by ensuring barrier-free voting premises, accessible voting booths and other measures to facilitate independent voting.
Recommendation # in final report:
7
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Day
Spain
2015
EAM
Parliamentary
elections
As previously recommended, given the low representation of women in the CEC, consideration should be given to promoting gender balance in the nomination process of its members.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Spain
2019
Early election
EET
Parliamentary
elections
Authorities could consider establishing an independent media oversight authority in order to ensure transparency and pluralism in the broadcast media, issue licenses, conduct media monitoring, including during electoral campaigns, and adjudicate complaints.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Media
Spain
2023
Early election
EET
Parliamentary
elections
To further enhance transparency and safeguard the integrity of election results, preliminary and final election results disaggregated by polling station should be publicly available in a timely manner.
Recommendation # in final report:
8
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Election Day
Type of change required:
Practice
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Election Day
Spain
2015
EAM
Parliamentary
elections
The legal framework should be reviewed to increase the transparency of the work of election administration. In particular, the commissions should conduct their meetings in sessions open to observers and media representatives, and all their decisions should be published.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Election Administration
Secondary thematic area:
Legal Framework
Type of change required:
Legal
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Election Administration
Spain
2019
Early election
EET
Parliamentary
elections
Consideration should be given to reviewing legislation on media coverage of the elections to make it possible for parties not represented in the parliament to participate in the debates.
Recommendation # in final report:
9
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Media
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
2015
EAM
Parliamentary
elections
Further consideration should be given to amend the election law in order to extend the right to vote to all persons with disabilities.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Participation of Persons with Disabilities
Secondary thematic area:
Voter Registration
Type of change required:
Legal
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Voter Registration
Spain
2019
Early election
EET
Parliamentary
elections
To enhance voters’ ability to make an informed choice the authorities in consultation with civil society, media and academic institutions could consider developing mechanisms to increase digital literacy among voters and other electoral stakeholders.
Recommendation # in final report:
10
Type of recommendation:
Other
Thematic area:
Media
Type of change required:
Practice
Status of implementation:
Partially
Year of assessment:
2023
Final report heading:
Media
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
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
Spain
2015
EAM
Parliamentary
elections
The authorities should reconsider the restriction that citizens may sign in support of only one candidate list. The process would be more open and inclusive if citizens could sign for as many lists as they choose.
Recommendation # in final report:
13
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
Further efforts should be made by the authorities to ensure equal participation of women and men in the electoral process, possibly by including a stricter ranking on the candidate lists. Political parties should be encouraged to take further steps to increase women’s participation in parties’ activities and as candidates.
Recommendation # in final report:
14
Type of recommendation:
Other
Thematic area:
Participation of Women
Secondary thematic area:
Candidate Registration
Type of change required:
Practice
Status of implementation:
Fully
Year of assessment:
2023
Final report heading:
Candidate Registration
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
Legislation should be reviewed to allow for coverage of election campaigns by public media to rely on editorial discretion rather than a formula-based distribution of airtime, provided that all contestants are treated equally and are allowed sufficient opportunity to present their platforms.
Recommendation # in final report:
16
Type of recommendation:
Other
Thematic area:
Media
Secondary thematic area:
Campaign
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Media
Spain
2015
EAM
Parliamentary
elections
To ensure an effective remedy, the legislation should be amended to provide procedures and timelines for judicial appeals on complaints regarding the election campaign.
Recommendation # in final report:
17
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Spain
2015
EAM
Parliamentary
elections
All election complaints should be free of unnecessary and excessive obstacles, especially as regards the cost of lodging a complaint, which should be minimal or waived entirely whenever possible. The law should be clear and consistent so as to discourage arbitrary interpretation.
Recommendation # in final report:
18
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Spain
2015
EAM
Parliamentary
elections
The legislation should provide for a more effective, fair and transparent procedure for the consideration of complaints by the election administration, including the reasoning of the decisions that would provide the basis for an appeal.
Recommendation # in final report:
19
Type of recommendation:
Other
Thematic area:
Election Dispute Resolution (EDR)
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not evaluated
Year of assessment:
2023
Final report heading:
Complaints and Appeals
Spain
2015
EAM
Parliamentary
elections
Consideration should be given to introducing legal provisions to ensure full access to all stages of the electoral process to citizen and international observers, including accreditation arrangements.
Recommendation # in final report:
20
Type of recommendation:
Other
Thematic area:
Citizen and International Observation
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Citizen and International Observers
Spain
2015
EAM
Parliamentary
elections
The election law and the practical aspects of organization of voting should be reviewed to ensure the secrecy of the vote, as provided by OSCE commitments.
Recommendation # in final report:
21
Type of recommendation:
Other
Thematic area:
Election Day
Secondary thematic area:
Election Administration
Type of change required:
Legal
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
Spain
2015
EAM
Parliamentary
elections
The authorities could consider extending training course for the EB members to further enhance their efficiency on election day.
Recommendation # in final report:
22
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
Spain
2015
EAM
Parliamentary
elections
As previously recommended, a mandatory publication of both provisional and final results per polling station in a format accessible to the public would further enhance the transparency of the election process.
Recommendation # in final report:
23
Type of recommendation:
Other
Thematic area:
Election Administration
Type of change required:
Practice
Status of implementation:
Not implemented
Year of assessment:
2023
Final report heading:
Election Day
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