Keys to the new State Anti-Corruption Plan
On 9 July, the Spanish government presented the new State Anti-Corruption Plan, an ambitious roadmap that updates and expands regulatory, institutional and cultural efforts aimed at preventing and sanctioning corruption. Moreover, it is aligned with international standards (GRECO, OECD, European Commission) and incorporates contributions from civil society. The key now will be whether the announced political commitment is translated into real measures.
The Plan is articulated in five (5) fundamental axes:
- Risk prevention and strengthening of controls
Of particular note is the creation of an ‘Independent Public Integrity Agency’, which will centralise currently dispersed functions (transparency, procurement, whistleblower protection, etc.). In addition, in the area of public tenders, the transformation of the state portal through AI and big data is foreseen, and the extension of the use of integrity risk maps to all public funds is promoted.
- Protection of whistleblowers
The Plan recognises that, despite the advances introduced by Law 2/2023, a new impetus is needed:
- Extension of the whistleblower safeguards defined in Law 2/2023 to those who report directly to the Prosecutor’s Office, police or judicial bodies.
- Protection extended for five (5) years from the cessation of their functions to whistleblowing channel managers.
- Right to compensation proportional to the damage suffered.
- Greater requirements for independence and efficiency in internal channels.
- Effective investigation and sanctioning of corruption
In addition to the promotion of criminal investigations by the Public Prosecutor’s Office, the tightening of the Criminal Code and the creation of specialised anti-corruption sections in the courts of first instance, in the context of Compliance the following stands out:
- Mandatory compliance systems for large operators.
- Reinforced sanctions for corrupting companies: fines proportional to the illicit benefit or disqualification from contracting with the public sector.
- Blacklisting: automatic exclusion from public tenders in cases of final conviction for corruption.
- Asset recovery
The Plan strengthens the Asset Recovery and Management Office. The incorporation of administrative or preventive confiscation into the Spanish legal system is also being studied, following models such as the Anglo-Saxon civil forfeiture.
- Culture of integrity
Mandatory integrity training is introduced for public employees and parliamentary representatives, and a major social campaign is promoted with messages encouraging the use of whistleblowing channels.
What is our conclusion within the context of Compliance?
For companies and public sector entities, the message is clear: no more looking the other way. The Plan calls for effective and updated compliance programmes, especially for entities contracting with the public administration.
In short, at Molins Compliance we will remain attentive to every new development. What is now a plan may soon become a rule. And when that happens, being prepared will not be a competitive advantage, but a legal and ethical obligation.
Compliance Department of Molins Defensa Penal.
compliance@molins.eu