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2007 Assessment

Spain: Integrity Indicators Scorecard

Spain: Integrity Scorecard Report > Sub-Category: State-Owned Enterprises
Indicators   Score
64 In law, is there an agency or equivalent mechanism overseeing state-owned companies? 100
65 Is the agency or equivalent mechanism overseeing state-owned companies effective? 40
66 Can citizens access the financial records of state-owned companies? 70

Indicator and sub-Indicator Details

64 In law, is there an agency or equivalent mechanism overseeing state-owned companies?
 
  64: In law, is there an agency or equivalent mechanism overseeing state-owned companies?
 
Score: YES  NO score
  Comments: Each government (local or regional) oversees the performance of their state-owned companies.

References: Law 7/1985, of 2 April, on the regulations of the local regime (municipalities) Ley 7/1985, de 2 de abril, reguladora de las bases de régimen local (Official Bulleting of the State (BOE) No. 80, published on Aoril 3, 1985) [ LINK ]

65 Is the agency or equivalent mechanism overseeing state-owned companies effective?
 
  65a: In law, the agency or equivalent mechanism overseeing state-owned companies is protected from political interference.
 
Score: YES  NO score
  Comments:

References: The agency/equivalent mechanism is a subordinate part of the government

  65b: In practice, the agency or equivalent mechanism overseeing state-owned companies has a professional, full-time staff.
 
Score: 100  75  50  25  0  score
  Comments: It is the same staff of the city council or equivalent local government.

References: Dr. José Luis Diéz Ripollés, Professor of Criminal Law, School of Law University of Malaga July 10, 2007 -- Personal Interview at the University

Ana Maria Prieto, Assistant Professor of Criminal Law, University of Malaga Aug. 3, 2007  Personal interview  University

  65c: In practice, the agency or equivalent mechanism overseeing state-owned companies receives regular funding.
 
Score: 100  75  50  25  0  score
  Comments:

References: Inmaculada Rosas, Attorney and member of the anti-corruption group, Association for Analysis and Reflection (AYRE) July 19, 2007  Personal interview at the AYRE headquarters (Malaga)

José Ortigosa, Civil servant from the Ministry of Justice Aug. 14, 2007  Personal interview  Civil Court Malaga

  65d: In practice, when necessary, the agency or equivalent mechanism overseeing state-owned companies independently initiates investigations.
 
Score: 100  75  50  25  0  score
  Comments: Investigations will only be started when reported to the local court or prosecution service.

References: Dr. José Luis Diéz Ripollés, Professor of Criminal Law, School of Law University of Malaga July 10, 2007 -- Personal Interview at the University

Ana Maria Prieto, Assistant Professor of Criminal Law, University of Malaga Aug. 3, 2007  Personal interview  University

  65e: In practice, when necessary, the agency or equivalent mechanism overseeing state-owned companies imposes penalties on offenders.
 
Score: 100  75  50  25  0  score
  Comments:

References: Dr. José Luis Diéz Ripollés, Professor of Criminal Law, School of Law University of Malaga July 10, 2007 -- Personal Interview at the University

Ana Maria Prieto, Assistant Professor of Criminal Law, University of Malaga Aug. 3, 2007  Personal interview  University

66 Can citizens access the financial records of state-owned companies?
 
  66a: In law, citizens can access the financial records of state-owned companies.
 
Score: YES  NO score
  Comments:

References: Law 7/1985, of 2 April, on the regulations of the local regime (municipalities) Ley 7/1985, de 2 de abril, reguladora de las bases de régimen local (Official Bulleting of the State (BOE) No. 80, published on April 3, 1985) [ LINK ]

  66b: In practice, the financial records of state-owned companies are regularly updated.
 
Score: 100  75  50  25  0  score
  Comments: It is updated annually.

References: Dr. José Luis Diéz Ripollés, Professor of Criminal Law, School of Law University of Malaga July 10, 2007 -- Personal Interview at the University

Ana Maria Prieto, Assistant Professor of Criminal Law, University of Malaga Aug. 3, 2007  Personal interview  University

  66c: In practice, the financial records of state-owned companies are audited according to international accounting standards.
 
Score: 100  75  50  25  0  score
  Comments: They are subjected to the same regulations imposed by the Treasury.

References: Inmaculada Rosas, Attorney and member of the anti-corruption group, Association for Analysis and Reflection (AYRE) July 19, 2007  Personal interview at the AYRE headquarters (Malaga)

Inmaculada Gálvez, Attorney and Former Representative (Green Party) of the Parliament of Andalusia July 19, 2007 -- Personal Interview

  66d: In practice, citizens can access the financial records of state-owned companies within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments:

References: Inmaculada Rosas, Attorney and member of the anti-corruption group, Association for Analysis and Reflection (AYRE) July 19, 2007  Personal interview at the AYRE headquarters (Malaga)

Inmaculada Gálvez, Attorney and Former Representative (Green Party) of the Parliament of Andalusia July 19, 2007 -- Personal Interview

  66e: In practice, citizens can access the financial records of state-owned companies at a reasonable cost.
 
Score: 100  75  50  25  0  score
  Comments:

References: Inmaculada Rosas, Attorney and member of the anti-corruption group, Association for Analysis and Reflection (AYRE) July 19, 2007  Personal interview at the AYRE headquarters (Malaga)

Inmaculada Gálvez, Attorney and Former Representative (Green Party) of the Parliament of Andalusia July 19, 2007 -- Personal Interview

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