Spain takes too long to transpose European directives, which entails not only the opening of sanctioning procedures by the EU, but in periods of legal uncertainty that affect companies and investors and undermines the political credibility of the country.
This is revealed by the report The transcendence of European issues for citizens and Spanish companies, prepared by the Research Department of the General Council of Economists on the occasion of Europe Day to analyze the degree of Europeanization that directly affects both citizens and to companies in Spain.
According to this document, in 2018 and 2019 the number of Royal Decree Laws approved by the Government has been increased to urgently transpose pending European directives. Specifically, the Government approved in 2018 twelve Royal Decrees derived from European directives or related to them, which represents 43% of the total, and in 2019 the Executive adopted ten Royal Decrees Laws, seven of them derived from European directives, the 70 % of the total.
Despite this, as recently acknowledged by the Government, Spain must transpose at least 18 directives approved by the EU between 2015 and 2018 and whose expiration term is between January 1 and December 31, 2019. Apart, in 2018 54 directives were transposed into Spanish law, 21 of which were already out of time and four have already been denounced by the European Commission before the Court of Justice of the EU (CJEU), which could entail, in total, more than € 340,000 fine for each day of delay.
According to the report of the General Council of Economists, Spain took an average of 12 months more than the rest of the member countries to translate the European norms into the national legal system and concentrated 70% of the penalties for these delays.
This delay, according to the document, “is not only negative for the fines that the EU may end up imposing on Spain, but also for all those periods of artificial insecurity that are generated artificially and that should be avoided so that companies and investors do not suffer any kind of uncertainty“. Likewise, “the breach of these obligations has negative consequences for the Member States that compromise their political credibility”.