14 feb 2018
Regulatory production 2017


The Spanish regulatory framework causes market distortion and a high level of administrative burdens

A total of 954,568 pages were published in the national and regional official gazettes containing the new regulations issued over 2017. The volume of pages published were divided into 731,525 in the official regional gazettes and a total of 223,043 pages published in the national Official State Gazette, BOE, over the past year, according to a CEOE report on "regulatory production in 2017".

CEOE report on "Regulatory production in 2017"
CEOE report on "Regulatory production in 2017" — ©CEOE

This report indicates that, according to the latest data from the State Agency in charge of the Official State Gazette (BOE), in 2017, a total of 517 new regulations of different rank were approved at state level, which represents an increase of 18.6% with respect to the 436 standards adopted in the previous year. However, it adds that 2016 was an exceptional year, in which legislative activity was conditioned by the fact that the government in office for a good part of the year was an acting government.

CEOE’s analysis highlights that the 517 new standards passed in 2017 represent the second lowest figure in the entire historical series. In this regard, the study points out that "the more diverse political spectrum in Parliament that characterizes the current term could have affected this lower production of regulation in comparative terms." On the other hand, between 1970 and 2017, a total of 41,883 state regulations have been passed in Spain.

The first year of the current term (which starts on the date of the opening session, that is, from November 17, 2016, to November 17, 2017) has been the least productive first year of a term, with regards to regulation, of all the terms recorded to date.  

Comparing, for simplicity purposes, the last four terms, in terms of the type of regulation, the main difference observed in the initial year of the current term is the lower activity in the proliferation of regulation with non-law status, in particular of ministerial orders, although the number of royal decrees passed has also been lower, except in comparison to the previous term (the one that began in 2011, i.e. without taking into account the time in which the government in office was an acting government).