The Spanish government recently decided to establish a specialized unit within the General Prosecutor's Office to address crimes against public administration.

This move has prompted significant dissent among a segment of the prosecutorial career, who argue that the new unit is unnecessary and may conflict with the existing Anti-Corruption Prosecutor's Office led by Alejandro Luzón. The main opposition has been voiced by the Association of Prosecutors, the largest and conservative organization within the prosecutorial community, alongside the Independent Professional Association of Prosecutors.

Both groups have openly opposed the new initiative, suggesting that it will overlap with the work of the Anti-Corruption Prosecutor's Office, leading to potential dysfunctions in operations.

Conversely, prosecutors in regions such as Asturias and the Canary Islands, where existing collaborations between the Anti-Corruption Prosecutor's Office and specialized sections dealing with offenses such as embezzlement, influence peddling, and bribery have been in place for years, report positive outcomes.

They assert that there has been no conflict of competences with the Anti-Corruption unit.

María Farnés Martínez, the Chief Prosecutor of the Canary Islands, expressed her confusion regarding the uproar over the new unit's creation, citing her experience as the first Anti-Corruption delegate in Tenerife in 2005. In 2011, as awareness of this role grew among judges, institutions, and citizens leading to increased denunciations, a specialized section for public administration offenses was created in Tenerife.

According to Martínez, this section has effectively complemented the special prosecutor’s office by focusing on everyday corruption cases, which also demand thorough investigation by the citizens affected.

While the Anti-Corruption office deals with highly significant and complex cases, the newly proposed unit will focus on public administration crimes that fall under the Provincial Prosecutor's jurisdiction.

Statistics from the Provincial Prosecutor's Office in Tenerife indicate that in 2023, 70 criminal proceedings for offenses against public administration were initiated, of which only three were handled by the Anti-Corruption Prosecutor's Office.

The figures were similar in 2022, with 70 proceedings opened but only one taken up by the specialized agency.

The Chief Prosecutor of the Canary Islands highlighted that it would be impractical for a prosecutor from the specialized Anti-Corruption team to handle minor cases such as a local police officer retaining a traffic fine or a mayor improperly hiring a relative.

This perspective has reinforced her belief that a specialized unit for public administration crimes is reasonable and consistent with the rationale for establishing other specialized units.

The General Prosecutor's Office has also endorsed the creation of this new anti-corruption unit, emphasizing that specialized units comprising a team of prosecutors are crucial for coordinating the prosecution's activities nationwide regarding specific crime types.

Current units exist in various areas, including domestic violence, environmental protection, child welfare, road safety, cybercrime, human trafficking, hate crimes, and human rights.

Each unit typically consists of a chief prosecutor and two associated prosecutors, tasked with ensuring a coordinated approach across territories and enhancing the investigation of these crime types.

The aim is to extend this framework to combat corruption, particularly concerning smaller cases predominantly located in municipal governments and provincial councils, which might otherwise evade the Anti-Corruption Prosecutor's competence.

Sources within the General Prosecutor's Office have indicated an existing deficit in specialization concerning corruption matters compared to other fields, which they believe hampers the effectiveness of combating such crimes.

They assert that the establishment of this unit will enable prosecutors to investigate these offenses more efficiently, with a focus on grassroots entities such as municipalities, regional governments, and civil servants.

Emilio Sánchez Ulled, a prosecutor with over 30 years of experience, will head this new unit.

He is known for handling several high-profile cases in Catalonia, including the Palau case and the 9-N case.

In Asturias, crimes against public administration have been processed as a distinct category for the past decade, with specifically designated prosecutors managing these offenses.

Reports indicate that in 2024, there was an 83% increase in proceedings opened for public administration crimes compared to 2023, totaling 110 judicial procedures, averaging nine new cases per month.

The majority of these cases (60) were launched for disobedience by authorities and officials, followed by administrative prevarication charges (30).

Moreover, public administration crimes constitute a significant portion of the investigative cases initiated by the Asturian Prosecutor's Office.

In 2024, 29 investigations were launched, compared to 40 in 2023, with most cases relating to administrative prevarication.

Prosecutors highlight that common offenders in these cases often engage in irregularities related to contracting, such as the improper division of contracts and bypassing meritocratic hiring principles, indicating persistent issues related to everyday corruption.