The Government of Spain steps up support for those affected by the DANA with new aid and guarantees

Moncloa Palace, Madrid

The Minister for the Presidency, Justice and Parliamentary Relations, together with the Minister for Education, Vocational Training and Sports and Government Spokesperson, and the Minister for Science, Innovation and Universities, at the press conference (Pool Moncloa/José Manuel Álvarez)

The Council of Ministers has approved new measures to help the municipalities affected by the DANA of 29 October 2024 get back to normal. The new Royal Decree-Law on urgent measures for reactivation, reinforcement and prevention within the framework of the Immediate Response, Reconstruction and Relaunch Plan in response to the damage caused by the DANA will allow, as explained by Government spokesperson, Pilar Alegría, the economic reactivation of the affected areas and the promotion of prevention measures against future climate emergencies.

The Minister for Education, Vocational Training and Sports and Government Spokesperson, who began her speech with a message of remembrance for the 237 victims of this tragedy, explained that the measures included in the approved regulation include a new line of credit from the Official Credit Institute (ICO) with 750 million euros in financing and aid for SMEs worth 180 million euros. In addition, state-backed guarantee lines of up to 5 billion euros are being established, an initiative that, according to Alegría, will offer immediate liquidity to households, businesses and self-employed workers affected by civil protection emergencies until December 2040.

According to data provided by the Government spokesperson, to date, the Immediate Response, Reconstruction and Relaunch Plan for the Valencian Community has allowed for the execution of 8 billion euros. "This means that 85 out of every 100 euros received by affected households, businesses, municipalities and entities come from the Government of Spain," the minister pointed out.

Extension of deadlines and support for the cultural sector

The Minister for Education, Vocational Training and Sports and Government Spokesperson, Pilar Alegría, during her speech at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

In addition to expanding the ICO's catalogue of financial measures, the Government has added measures to extend execution deadlines, both for industrial and tourism activities. This action will facilitate the disbursement of aid over a longer period in sectors of strategic importance for the Valencian Community such as the automotive industry. Also in this sector, the modification of the Reinicia Auto+ Plan, aimed at the recovery of the vehicle fleet, is being considered so that applications can be submitted until 30 June, 2026.

Likewise, the benefit for the self-employed for cessation of activity as a direct and immediate consequence of the DANA storm is extended until December, and the FEPYME DANA mechanism - with 300 million euros for contingency actions in small and medium-sized enterprises - has been amended to extend its scope to SMEs and startups throughout Spain that present projects to reduce the impact of climate change.

Finally, Alegría explained that the new royal decree law includes other measures related to the cultural sector to develop activities and projects such as "Salvem les fotos", which will work on the recovery of more than half a million photographs of families affected by the DANA.

"We are fully aware that the impact of a tragedy like the DANA is very difficult to overcome," Alegría said, defending the Executive's "firm" commitment to helping those affected. "It is in these situations that effective politics truly makes sense, and that is where you will always find the Government of Spain," she concluded.

Organic Law on Criminal Procedure

The Minister for the Presidency, Justice and Parliamentary Relations, Félix Bolaños, during his speech at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

The Government has approved sending to Parliament for parliamentary processing the Draft Organic Law on Criminal Procedure (LOECrim), the first of the democratic era, which will replace the law in force since 1882.

The Minister for the Presidency, Justice and Parliamentary Relations, Félix Bolaños, recalled that the draft bill was addressed by the Council of Ministers on 24 November 2020. Since then, the Executive has obtained the required reports from the General Council of the Judiciary, the State Council and all competent bodies and has incorporated proposals prepared by the governments of José Luis Rodríguez Zapatero and Mariano Rajoy that were not processed.

Félix Bolaños emphasised that this is a broad and complex law that "streamlines, modernises and Europeanises our criminal procedure" and reinforces the independence of the Public Prosecution Service.

What's new in the future law

The main new feature is that the law assigns the criminal investigation to the Public Prosecution Service, instead of the investigating judges, Bolaños pointed out: "In this way, we are bringing the criminal procedure into line with all the democracies around us". Thus, the Public Prosecution Service investigates and the judges judge and execute the judgements. The minister highlighted that this new development stems from the State Pact for the Reform of Justice signed between the Socialist Party and the People's Party in 2001, when both political forces agreed that criminal investigations in Spain should be carried out by prosecutors.

Another new feature pointed out by Bolaños is that the law creates a more protective criminal process because it will be overseen by three judges: the investigative judge, the preliminary hearing judge and the trial judge.

The criminal investigation falls to the Public Prosecution Service under the supervision and tutelage of the investigative judge: "The investigative judge will be assigned so that he can confirm or revoke the decrees, the decisions adopted by the prosecutor in his criminal investigation. We will therefore have two legal professionals subject to the rule of law and the principle of legality". Furthermore, not all of the prosecutor's decisions will be subject to appeal, only those that affect fundamental rights: precautionary measures, restriction of rights, interception of correspondence, messages and telephone calls. These will be supervised by the investigative judge.

Once the criminal investigation phase is over, a second judge will intervene: the preliminary hearing judge, who will decide on the decisions of both the prosecutor and the investigative judge. This judge will determine whether the case is dismissed, acquitted, proceeds to trial, clarifies the evidence, or considers what new evidence needs to be gathered or whether all matters have been resolved. A third judge, the trial judge, will hear the case and judge it in the oral proceedings with all the evidence available to the parties.

Félix Bolaños also stated that it is a much more protective model for victims of crime because it aims to improve their protection and support. In order to avoid re-victimisation, victims' statements will be limited at successive stages of the process. Victims may also voluntarily resort to restorative justice mechanisms to promote their moral and psychological recovery.

Regulation and modernisation of the public prosecution service

The Minister for Justice explained that, in line with the unanimous jurisprudence of the Supreme Court and the Constitutional Court, the future law defines who can exercise the right to bring a public prosecution. Thus, public legal entities, public institutions, political parties and trade unions will not be able to bring a public prosecution in any criminal case. The law establishes a list of crimes that can be prosecuted through public prosecution, including those related to violence against women and political corruption.

On the other hand, Bolaños pointed out that there must be a legitimate link between the organisation exercising the public prosecution and the object of the proceedings.

Regulation of measures to investigate criminal proceedings

The minister stated that the investigative measures are in line with the current state of technology. In this regard, regulations are established for DNA testing that may include markers that reveal phenotypic traits. Real-time remote biometric identification will be facilitated in publicly accessible spaces to locate or identify suspicious individuals. And artificial intelligence will be used to study, analyse and investigate data in record time.

Criminal compliance and autonomy of the Public Prosecution Service

The Minister for the Presidency, Justice and Parliamentary Relations, Félix Bolaños, at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

Félix Bolaños stressed that the Government is committed to ensuring that the parties, the Public Prosecution Service and the judge can reach a criminal agreement that avoids litigation in the early stages of the proceedings: "We will try to ensure that unnecessarily protracted investigations are avoided during the processing of the case".

To guarantee the independence, autonomy and impartiality of the Public Prosecution Service, the regulation includes the reform of its Organic Statute promoted last May. Furthermore, the term of office for the Crown Prosecutor of the State will be five years, so that changes in government do not affect his position, as the minister stated. It is also expressly prohibited for the central government and the regional governments to send instructions on specific matters to the various prosecutor's offices, and all communications will be made in writing, will be public and will be recorded.

Bolaños added that "very specific and well-defined causes are being consolidated so that the Attorney General loses confidence and is dismissed," following a report from the General Council of the Judiciary. In addition, the weight and capacity of the Board of Prosecutors of the Chamber is strengthened.

Entry into force of the regulation

Once approved by the Spanish Parliament, the Organic Law on Criminal Procedure will enter into force on 1 January 2028. It will therefore not affect any proceedings initiated before that date.

The minister clarified that the rule will be applied by the Crown Prosecutor of the State proposed by the Government that emerges from the polls in 2027, in no case by the current one, whose second term ends in 2027.

More than 1.2 billion to fund science

The Minister for Science, Innovation and Universities, Diana Morant, at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

The Government has approved more than 1.22 billion euros to finance the main annual calls that the State Research Agency allocates to research groups of universities and public bodies. "Science is ultimately made by people, who are the ones who research, innovate and transform the country through their talent," said the Minister for Science, Innovation and Universities, Diana Morant.

The minister highlighted the increase in investment in science and its contribution to achieving a "more innovative, qualified, resilient and productive Spain". According to the latest data from the National Statistics Institute (INE), corresponding to the year 2023, public and private investment is the highest in history, with a total of 22.4 billion, 50% more than in 2018. Morant added that Spain is on track to meet the commitment set out in the Science Law to devote 2% of GDP to research, and that by 2030 it will exceed the target of 3% of GDP.

As for state investment, included in the General State Budget, this has more than quadrupled since 2018, reaching 13.6 billion euros. In addition, 18,000 researchers have joined the public science and innovation system since then, and the growth of public investment in R&D has also led to an increase in private employment. In total, some 282,000 people work in science in Spain, 25% more than in 2018.

Diana Morant also underlined that Spain has received the second largest amount of funds in Europe from the Recovery Plan allocated to R&D&I: 40% of the total has been dedicated to knowledge, research, digitisation and green and digital transformations. "It is a political decision and a vision for the country to change our production model towards a knowledge and talent economy," she argued.

Funding for research groups and public-private projects

The six calls approved today total €1.22 billion, which represents, on average, an increase of more than 40% since 2018. The minister stressed that they are financed with stable, national resources, so they do not depend on European funds, and that their publication has been brought forward, as requested by the scientific community, so that applications do not coincide with the Christmas period.

The call for Knowledge Generation Projects is endowed with 700 million euros, 25 million more than last year, and will benefit some 3,000 research groups for 4 years. It funds projects in all areas of knowledge, from renewable energy and artificial intelligence to economics and public policy.

A second call for proposals is the Public-Private Partnership Projects. With a budget of 300 million euros, it aims to facilitate work between academia and business and increase the Spanish private sector's contribution to R&D, which is 10 points below the European average. These projects, as the minister explained, allow, for example, a hospital to collaborate with a start-up to detect arrhythmias using a smart watch, or an SME and a technology centre to develop longer-lasting batteries. "It is science that comes up with innovative solutions for everyday life," she said.

Recruitment of doctors and researchers

The Minister for Science, Innovation and Universities, Diana Morant, during her appearance at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

The remaining calls belong to the research field and represent a joint investment of 220 million, double that of 2018. Two are aimed at the recruitment of PhDs, the Ramón y Cajal and the Juan de la Cierva, and the other two - the Torres Quevedo and the Industrial PhD Programme - promote the recruitment of researchers by companies.

Morant pointed out that the Ramón y Cajal Programme, now in its 25th year, has a budget of 132 million euros and finances almost 500 five-year contracts. The institutions that recruit these scientists then have to stabilise them, with the consequent increase in the number of research positions in public institutions. These grants have also become established as the main way to attract and retain talent: 30% of the contracts correspond to researchers from abroad.

These investments, as the minister explained, demonstrate the Government's commitment to improving citizens' lives through science, for example, with vaccines, cleaner and cheaper energy, opportunities for young people, better preventative capabilities, diagnoses and treatments of diseases, and weather warnings. The minister warned that "ignoring" science "has consequences, and we have already seen this throughout the country and in different circumstances". The government - she added - will continue to take science into account in public decision-making and "as a strategic national policy".

Appeal to the Constitutional Court in Murcia and formal request to the Valencian Government

The Minister for Education, Vocational Training and Sports and Government Spokesperson, Pilar Alegría, at the press conference after the Council of Ministers | Pool Moncloa/José Manuel Álvarez

Pilar Alegría also reported on the approval by the Council of Ministers of an appeal to the Constitutional Court regarding the modification of the Law on institutional participation of the most significant trade union and business organisations proposed by the Government of the Region of Murcia, a modification which aims to eliminate, among other issues, the funding of these organisations. The Executive has given the go-ahead to the lodging of this appeal after the Murcian government rejected the negotiated procedure.

In addition, the Executive has also approved a second request for the Generalitat Valenciana to be declared incompetent for having admitted to processing the declaration of the Babilonia beach, in Guardamar de Segura (Alicante), as an "area of special ethnological value". One of the effects of this declaration is to halt the demolition of the houses, which, Alegría explained, clashes with the application of the Coastal Law and with compliance with several rulings by the National Court and the Supreme Court.

Non official translation