An overview of the National Plan for the Fight against Corruption from July 2025

On July 9, the National Plan for the Fight against Corruption of the Government of Spain was published, aiming to create a strategy to combat public corruption, in response to the recent corruption scandals that occurred in the country. As part of the measures proposed in this plan, we highlight the following:

1. In compliance matters, measure 9 is of special interest, establishing mechanisms for control and punishment against corrupting companies. In this regard, the plan provides for a tightening of sanctions against corrupting companies, which would strengthen and involve a shift from the current fine system to an economic sanctions system, based on the annual income of the corrupting company or with broader ranges depending on the damage caused.

On the other hand, it contemplates the improvement of the application of blacklisting in Spanish legislation. Currently, the Public Sector Contracts Act already provides (in its article 71) for the prohibition of contracting with legal entities declared criminally responsible for certain crimes.

While the plan mentions an automation of disqualification for contracting in case a company is criminally responsible, it does not reflect the novelty that this measure would entail, concerning the aforementioned article 71. 

On the contrary, it does refer to the creation of a public register of disqualified companies. This register would be particularly interesting as it could also be used by private companies in the context of their external due diligence procedures. 

One of the most notable measures and an important advance in compliance matters is related to the mandatory anti-corruption compliance mechanisms for companies.

The plan mentions the obligation of private companies to establish anti-corruption systems and conduct periodic audits in this matter, although it does not specify the scope of this obligation, leaving it open to options such as large companies (following the French model) or subject to conditions such as the intention to contract with public administration. 

Interestingly, one option not projected by the plan is that used in our neighbouring country, Portugal, which establishes the obligation to have a Corruption Prevention Regime (and related offenses) for all entities with fifty or more employees, having also created a national authority (MENAC) responsible for supervising compliance.

 2. In terms of whistleblower protection, it stands out the expansion of the scope of protection, on one hand, to the figure of the System Responsible, and, on the other hand, to those individuals who report, not only through internal channels but also directly to the Prosecutor's Office, the police or the judicial bodies. These are fundamental measures to promote a culture of information and, in general, compliance within organizations.

3. In procedural matters, this plan represents a profound renewal of the procedural framework aimed at preventing, detecting and punishing corrupt practices in the public sector. Among its main innovations, it includes the establishment of the National Authority for Public Integrity, an agency with functional autonomy responsible for coordinating policies for prevention, investigation, and supervision of ethical compliance in administrations. This institution would centralize dispersed competences and provide more coherence to the administrative response to signs of corruption, introducing more agile control mechanisms with immediate acting powers. 

Regarding the judicial sphere, the plan strengthens procedural capacities by expanding the Special Anti-Corruption Prosecutor's Office, creating specialized judicial units and prioritizing cases involving public officials. It also introduces substantial changes in the statute of limitations for corruption-related crimes, ensuring that cases do not go unpunished due to undue delays. Likewise, and also in the judicial sphere, the Plan would implement a modification of the Criminal Procedure Act to assign the instruction of criminal cases to the Public Prosecutor's Office, as is already done in matters related to juvenile criminal law. 

Another relevant procedural element is the implementation of a public register of entities sanctioned for corruption, which will prevent condemned companies from participating in tenders or receiving subsidies for a determined period, thus strengthening transparency and integrity in public contracting.

The plan also includes a new asset recovery instrument: preventive or administrative confiscation, which authorizes the seizure of assets suspected of originating from corrupt activities without the need for a final judgment, allowing a quicker and more effective response to the loss of public funds. Along with this, it strengthens the financial transparency of political parties and their foundations: any entity receiving public funds will have to undergo external audits and declare donations exceeding 2,500 euros within a maximum of thirty days, aiming to ensure the tracking of public money. 

Overall, the 2025 plan sets up a comprehensive procedural system that encompasses all phases of the fight against corruption —from prevention and investigation to punishment and asset recovery— providing the State with more modern, coordinated, and efficient instruments to protect the integrity of institutions and strengthen public trust in them.

Access the full content of the article published in El Confidencial here.