Spain: Transparency and the fight against corruption after the Audiencia Nacional ruling and GRECO evaluations
On 2 June 2025, the Audiencia Nacional handed down a landmark ruling for transparency and access to information in Spain. It ruled that the Ministry of Foreign Affairs, European Union and Cooperation proceeded improperly by refusing Access Info’s claim to the self-assessment documents produced by Spain in the framework of the implementation of the United Nations Convention against Corruption (UNCAC).
Specifically, Access Info asked the Ministry for access to the self-assessments of the two UNCAC review cycles. Each country must complete a self-assessment questionnaire and Spain is in the second review cycle. Although only the executive summaries are published, more and more countries are also disseminating the questionnaires and full reports. Although Acces Info requested information from both cycles, the Ministry only released part of the documents from the first cycle and refused to release those from the second cycle, claiming confidentiality according to the Spanish Transparency Law and the UNCAC itself.
In 2022 Access info filed an appeal before the Council for Transparency and Good Governance (CTBG), which ruled in its favour, arguing that the confidentiality clauses of the UNCAC only apply to the states conducting the review, but not to the state being assessed. The Ministry appealed this decision, but the Audiencia Nacional upheld this interpretation in 2025, stating that confidentiality does not extend to information generated prior to the start of the review process, such as the self-assessment phase.
This ruling sets a key precedent for the right of access to information in Spain in the fight against corruption. Access Info has formally requested the documents from the Ministry again, as the Ministry has not appealed the ruling.
The National Court’s decision coincides with the recent publication of two reports by the Council of Europe’s Group of States against Corruption (GRECO), which assess Spain’s progress in implementing its anti-corruption recommendations. While GRECO recognizes some progress, such as the creation of an Integrity System for the General State Administration and some improvements in parliamentary transparency, its reports also highlight persistent problems: in the 2024 follow-up report Spain had only fully implemented seven recommendations and partially implemented 3; in addition, one recommendation on the selection system of the General Council of the Judiciary had not been implemented directly.
Among some of the improvements, Greco highlights the lack of attention to the situation of senior central government executives, including their political advisors, and in areas where there is a risk of conflict of interest and corruption. GRECO also called for improvements in financial disclosure, regulation of lobbying, revolving doors and the system of criminal liability of members of government (known as “aforamiento”). It also underlined limited progress in the prevention of corruption in the state security forces and their ethical standards, as well as the need to improve the politicization of the judiciary, among others.
These GRECO reports and the ruling of the Audiencia Nacional converge in the same message: transparency and accountability are essential pillars to prevent corruption and strengthen citizen confidence. The Ministry’s refusal to disclose the self-assessment goes against international standards and the principles that Spain has ratified in international conventions.
In sum, these recent events are a wake-up call for the Spanish government: transparency is not an option, but a legal and international obligation. The publication of the UNCAC self-assessment questionnaires will not only allow civil society to assess the progress and shortcomings of the fight against corruption in Spain, but will also reinforce the country’s commitment to integrity and good governance.
Carmen Coleto Martinez, FIBGAR Project Manager
