Rules for appointing and overseeing senior Spanish state officials

Automatic summary, not yet reviewed

1. The law brings together in a single rule the provisions on appointment, pay, conflicts of interest and oversight of senior officials of the State Administration and state public sector entities.
2. To be appointed, a senior official must be suitable: honorability, training and experience. The candidate signs a sworn statement, and losing honorability after appointment can lead to removal from office.
3. Senior officials must work full time for the post and must step aside when their personal interests could influence their decisions. the Office of Conflicts of Interest tells them which matters they must abstain from.
4. They cannot own more than 10 percent of companies with public contracts or subsidies, and for two years after leaving office they cannot work for private companies affected by their decisions. Officials of regulatory bodies cannot join the companies they supervised.
5. They must declare their activities and assets within three months of taking office and of leaving it, submitting their income taxincome tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings. and wealth tax returns. After leaving, the Office reviews their assets to detect unjustified enrichment.
6. Very serious offenses are punished with publication in the official gazette, removal from office and a ban on holding a senior post again for 5 to 10 years. The Government must issue implementing rules by Royal Decree within one year.

Who it affects

• Members of the Government and Secretaries of State: Subject to full-time dedication, activity and asset declarations and post-employment limits.
• Directors general, presidents and similar posts in the state public sector: Must be suitable, declare their assets and abstain in case of conflicts of interest.
• Staff of regulatory and supervisory bodies: For two years after leaving they cannot work for the entities they supervised.
• Office of Conflicts of Interest (Oficina de Conflictos de Intereses): Gains rank, resources and new duties, such as the post-employment asset review.

Words worth knowing

Alto cargo

A person holding a top responsibility post in the State Administration, such as a minister, a Secretary of State or a director general.

Conflicto de intereses

Conflict of interest: a situation where a decision could benefit or harm the personal or family interests of the decision maker.

Declaración responsable

A signed statement in which the candidate declares, under their own responsibility, that they meet the required conditions.

Cese

The end of the period during which a person holds their post.

Abstención

The duty not to take part in a matter when the decision could affect one's own interests.

income tax

The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries