53.6% of the laws approved by the Spanish General Courts during the IX legislature of the European Parliament originated from European institutions, according to a detailed analysis conducted by the European Parliament Office in Spain.
Despite certain periods of lower legislative activity at the national level, such as the one following the Covid-19 pandemic in 2020 or the dissolution of the Cortes ahead of the 2023 elections, the figure has remained significantly stable over these five years, demonstrating the qualitative and quantitative weight that decisions made in the European Parliament have on our daily lives.
During this five-year period, the Congress of Deputies and the Senate have approved a total of 246 laws. Of these, 132 regulations govern aspects that align with the guidelines set by European Union institutions, that is, they derive from community directives or regulations or fall within the regulatory framework established by European institutions.
Of these 132 regulations with European origin, 51 comply with the mandate to apply community regulations or to transpose directives approved by the European Parliament and the Council into Spain’s domestic legal system.
Notable among these are the Directives on waste and plastic impact, the Directive on tax cooperation in the EU, the Audiovisual Media Services Directive, which adapts to the new reality of the audiovisual market; the Directive establishing a single railway area for the EU; the Regulation that governs the new European Union Agency for Criminal Justice Cooperation (Eurojust); and the Regulation that outlines the rules that member states must apply when designing their strategic plans to adapt to the new Common Agricultural Policy (CAP).
The other 81 laws contain references to European recommendations or decisions, that is, they follow the guidelines set by European Union institutions, although they do not directly respond to a transposition mandate.
Stable figure over five years
The overall balance during the IX legislature of the European Parliament shows that each year, decisions made in the EU have a direct influence on almost 50% of the regulations approved in Spain.
Only in 2023, due to the dissolution of the General Courts due to the electoral call and the consequent decrease in legislative activity in Spain, does the annual percentage reach an unusual 72%.
Likewise, during this first semester of 2024 and following the start of the XV Spanish legislature, two legislative initiatives have been approved so far, resulting in a percentage of 50% of laws with a European origin so far this year, as one of them includes the transposition of a European Directive that regulates the work-life balance of parents and caregivers in the European Union.
The European footprint in Spanish laws, year by year
This is the annual balance of the legislative initiatives approved in Spain that follow the political and legislative guidelines of the European Union:
2024
Total legislative initiatives approved: 2
Total initiatives with European origin: 1 (50%)
- 1 initiative with directive transposition
Until May 31, 2024, two legislative initiatives have been approved. One of them is Royal Decree-Law 2/2024 of May 21, approved by the Council of Ministers and currently under processing, which complies with the mandate to transpose the Directive on work-life balance of parents and caregivers. Considering these data, and with a semester yet to complete, the year presents a partial balance of 50% of regulations with European origin.
2023
Total legislative initiatives approved: 25
Total initiatives with European origin: 18 (72%)
- 7 initiatives with directive transpositions/application of regulations
- 11 norms with European references
In 2023, the year was marked by the electoral call, the dissolution of the Cortes, and the consequent decrease in legislative activity. That year, a total of 25 legislative initiatives were approved, of which 18 derived from European decisions. Among the total of 7 transposed European directives, notable are those aimed at protecting whistleblowers and contributing to the fight against corruption; the package of 5 directives that simplify the rules of the Securities Markets and Investment in Spain; or the DAC7 Directive, aimed at improving cooperation among member countries in the area of taxation.
2022
Total legislative initiatives approved: 74
Total initiatives with European origin: 42 (56.7%)
- 21 initiatives with directive transpositions/application of regulations
- 21 norms with European references
During 2022, of the 74 legislative initiatives approved in Spain, 42 derived from European decisions. Of these, 21 transposed and applied various European laws such as the Directives on waste and reducing the environmental impact of plastics; the Audiovisual Media Services Directive, approved to adapt to the new reality of the audiovisual market; the Directive establishing a single railway area for the EU; the Regulation that governs the new European Union Agency for Criminal Justice Cooperation (Eurojust); and the Regulation that outlines the rules that member states must apply when designing their strategic plans to adapt to the new Common Agricultural Policy (CAP).
April infringement package: main decisions for Spain |
2021
Total legislative initiatives approved: 65
Total initiatives with European origin: 33 (50.7%)
- 11 initiatives with directive transpositions/application of regulations
- 22 norms with European references
In 2021, 65 legislative initiatives were approved, of which 33 had European origin. A total of 11 transposed directives related to hybrid mismatches, money laundering, enhanced cooperation for the creation of the European Public Prosecutor’s Office, the food chain, or the Omnibus Law transposing European Directives.
2020
Total legislative initiatives approved: 54
Total initiatives with European origin: 27 (50%)
- 7 initiatives with directive transpositions/application of regulations
- 20 norms with European references
In 2020, of the 54 legislative initiatives approved, 27 derived from European decisions, and of these, 7 included the transposition of directives related to the regulation of the greenhouse gas emission trading system, VAT harmonization, energy efficiency, harmonization of dispute resolution in the EU, or the use of passenger data for terrorism prevention.
2019
Total legislative initiatives approved: 26
Total initiatives with European origin: 11 (42%)
- 4 initiatives with directive transpositions/application of regulations
- 7 norms with European references
In 2019, a total of 11 regulations out of the 26 legislative initiatives approved directly derived from transpositions of directives and European recommendations. The percentage reached 42% of laws with European origin, related to trade secrets, intellectual property, mortgage credit contracts, or the financial and terrorism sectors.
55 regulations pending transposition
As of today, according to data from the Ministry of Foreign Affairs, European Union and Cooperation, Spain has 55 European directives pending transposition, most of them with a transposition deadline in 2024, 2025, and 2026.
Two of these, related to greenhouse gases, should have been transposed before December 31, 2023, and another three had deadlines in March, April, and May 2024.
Source: European Parliament Office in Spain
Publicaciones relacionadas:
European Commission publishes April infringement proceedings package for Spain
Non-transposition of EU legislation: Commission takes action to ensure complete and timely transposition of EU directives
European Commission takes action against Spain and other Member States to ensure transposition of EU directives
European Commission opens investigation to assess whether Renfe has abused its dominant position on the Spanish market
Spain amends tax law to improve European tax cooperation
Leave a Reply