Forty years after joining Europe, Spain is still a partner that promises much and delivers by halves. Multi-million fines from the Court of Justice, directives transposed late, mismanaged funds and unpaid arbitration awards form a disturbing pattern. The acquis is not a menu: it is a commitment. What is it with our authorities, European law and money?
What the EU acquis is
On 1 January 1986 Spain joined the European Communities, opening the door to the common market and to structural funds, which were decisive drivers of its economic and social modernisation. In 1999 it adopted the euro, strengthening its commitment to economic and monetary union.
Belonging to the Union means taking on the EU acquis: the body of rights, obligations and rules that bind every Member State. It includes:
- The founding Treaties, in particular the Treaty on European Union and the Treaty on the Functioning of the European Union.
- Secondary legislation: regulations, directives and decisions adopted by the institutions.
- The case law of the Court of Justice of the European Union.
- The common values set out in Article 2 TEU, including democracy, human rights and the rule of law.
- International agreements concluded by the Union and its common policies.
Spain has made great progress in applying it, but the record reveals persistent breaches that should shame all three branches of the State.
Environment: paying for not treating waste water
The most telling case is that of urban waste water. After failing for years to comply with Directive 91/271/EEC, Spain was ordered by the Court of Justice in July 2018 (Case C-205/17) to pay a lump sum of 12 million euros and a periodic penalty of 10.95 million euros for every six months of delay until its treatment plants were brought into line. In the end, taxpayers foot the bill.
It is not an isolated case. Spain has accumulated proceedings for inadequate protection of natural areas and species covered by the Habitats and Birds Directives, and for exceeding the air pollution limits laid down in Directive 2008/50/EC.
Justice and transposition: the Union also fines neglect
In February 2021, the Court of Justice ordered Spain to pay a lump sum of 15 million euros and a periodic penalty of 89,000 euros per day for failing to transpose on time Directive (EU) 2016/680 on the protection of personal data in criminal matters (Case C-658/19). A conviction directly linked to the functioning of the justice system.
Add to this the repeated warnings from European institutions about the system for electing the General Council of the Judiciary, which the annual Rule of Law Reports have flagged time and again as not fully in line with European standards of judicial independence. And the late transposition of the whistleblower directive, whose supervisory authority only started operating in 2025.
Competition, taxation and public procurement
The breaches also reach the economic heart of the acquis:
- State aid: Spain has faced proceedings over unauthorised aid to certain sectors, such as shipbuilding and energy.
- Renewable energy: the retroactive withdrawal of subsidies has led to a long series of international arbitration awards against the Kingdom of Spain, many of them still unpaid.
- Taxation: the Court of Justice ruled that the treatment of non-residents under inheritance and gift tax was discriminatory.
- Public procurement: in December 2024, the European Commission referred Spain to the Court of Justice for incorrectly transposing the public procurement directives, in areas such as the definition of contracting authorities and the modification of contracts.
Every euro of fines Spain pays is a euro its citizens pay for the negligence of those who govern them.
EU funds: the most shameful part
No breach is as painful as the poor management or misuse of structural and cohesion funds. The irregularities detected have led to financial corrections and repayments: European money meant for infrastructure, jobs or innovation, lost through opacity, lack of control or alleged fraud. That is precisely why the European Anti-Fraud Office and the European Public Prosecutor's Office exist: national mechanisms are not always enough.
Being a good partner starts at home
The EU acquis is not an external imposition but a freely accepted commitment that protects Spanish citizens themselves. Honouring it requires the legislature to transpose on time, the government to manage transparently and the courts to apply EU law rigorously. Let us demand that our institutions live up to Europe, and let us use European channels to report wrongdoing whenever national ones fail.