Recent Trends & Reforms in Spanish Administrative Law — 2025

Introduction

Administrative Law in Spain continues evolving in 2025 under pressures for greater transparency, legal certainty, digitalisation, citizen rights, compliance with EU law, and better public governance. The following are some of the most significant developments to date, along with their implications.

Key Developments

1. Transparency & Algorithmic Accountability — Bono Social Case

   • The Spanish Supreme Court (Tribunal Supremo) has ruled that the government must disclose the source code of the “Bosco” algorithm, which the state uses to allocate the bono social (a social subsidy for lower-income electricity users). The Court decided that the algorithm’s source code does not contain personal data and that public interest, transparency, preventing bias/arbitrariness, and ensuring accountability override claims of intellectual property, public security, or data protection in this instance. El País

   • Implication: This establishes a precedent for demanding transparency over automated decision-making in public administration. Entities using algorithms for public services may face new legal pressure to disclose how those algorithms operate, especially when they affect fundamental rights or public subsidies.

2. Law on Lobbying / Interest Groups (“Lobbies”)

   • A draft (anteproyecto) was approved by the Spanish government to regulate lobbyists nationwide at the level of the State (Administración General del Estado). The goal is to increase transparency and integrity, by creating a mandatory registry of interest groups (names, organisation, funding, objectives), requiring disclosure of meetings between high-ranking officials and interest groups, and regulating the structure of interaction. Cinco Días

   • Critical commentary: Some civil society actors and experts argue that in its current form the draft lacks independence of the regulator, sufficient budget, and a truly effective sanctions regime. They warn that without real enforcement, formal regulation may not change underlying practices.

3. Immigration Regulations Reform

   • The Reglamento de Extranjería was reformed via Royal Decree 1155/2024, which came into force on 20 May 2025. This overhaul introduces changes in how residency, work permits, integration, and administrative procedures for non-EU nationals are handled. costaluzlawyers.com+1

   • Administrative Law impact: Reforms affect administrative discretion, procedural rights of applicants, and the interaction between central government and autonomous communities in implementing immigration policy. Also, the administrative workload (and potential for legal challenges) is likely to increase as new requirements and procedures are tested in practice.

4. Plan Normativo 2025 (PAN 2025)

   • The Government approved the Plan Normativo de la Administración General del Estado 2025 (PAN 2025), which sets out the legislative agenda for the year, including a large number of normative initiatives: 199 in total (16 organic laws, 43 ordinary laws, 140 royal decrees). Many are tied to the EU obligations, the Spanish Plan for Recovery, Transformation and Resilience, and the Plan of Action for Democracy. El Derecho

   • Why relevant for administrative law: Because many of these initiatives will impact how administrative bodies act, regulate, and provide services; e.g. laws that clarify administrative powers, procedural guarantees, digital/public sector reform, etc. It also signals where priorities are: transparency, simplification, EU harmonization, and citizen rights.

5. Judicial / Administrative Jurisdiction Reform (Law 1/2025)

   • One of the reforms is Law 1/2025, which reorganises the court system: transforming “single-judge courts” into “courts of first instance” (tribunales de instancia) with several sections (civil, criminal, contentious-administrative etc.). riskandcompliance.freshfields.com

   • Also, the reform introduces obligations to attempt alternative dispute resolution (ADR / mediation / conciliation) in certain cases before going to court. This can affect administrative law claims insofar as contentious-administrative procedures could require preliminary steps or might be influenced by ADR trends. riskandcompliance.freshfields.com

6. Other Procedural / Organizational Reforms

   • For example, modifications to public bodies and administrative structures (e.g. ICEX’s statute was modified under Real Decreto 350/2025). ICAB

   • Also, in urgency measures, law-decrees such as RDL 7/2025 for reinforcement of the electricity system; these have administrative law implications, especially in terms of delegated powers, emergency authority, and legal review. Pérez-Llorca, Despacho de abogados+1

Implications & Challenges

• Citizen Rights & Access to Justice: These developments tend to strengthen procedural protections, transparency, and oversight (e.g. access to algorithms, lobby regulation, ADR). Citizens may have more tools to challenge administrative decisions, and public administrations may need to document more carefully their actions and rationales.

• Legal Uncertainty / Transition Periods: New regulations often bring ambiguity, especially in early phases (e.g. how registry of lobbyists will work in practice, what counts as a sufficient ADR attempt, what disclosures are required for algorithms). Courts will shape interpretations, and there will likely be litigation to establish limits.

• Administrative Burden & Costs: For public administrations, more obligations → more resources needed (personnel, budgets, technical infrastructure). For private parties dealing with the administration, more documentation, procedural requirements, possible delays until processes are streamlined.

• Digitalization & Algorithmic Governance: As algorithms are more used in public service delivery, legal scrutiny increases. Governments will need to reconcile intellectual property / trade secrets concerns with transparency / accountability demands. Also, ensuring fairness, avoiding bias, and protecting data are critical.

• Compliance with EU Law: Spain continues to adapt national administrative law doctrines/structures to EU obligations (e.g. directives on transparency, parental leave, etc.). Delays in transposition or implementation risk sanctions (as seen in other areas).

• Judicial Review of Administrative Acts: With reorganised courts and new requirements (e.g. ADR), the route of administrative judicial review may shift somewhat. Procedural requirements before litigation, new grounds for challenge, new formal and substantive limits will be tested.

Recent Judicial Decisions & Constitutional Oversight

• Supreme Court Order to Open Algorithm (Bosco): As mentioned, that decision reflects the increasing willingness of courts to require transparency into administrative tools. El País

• Constitutional Court: It has also struck down regional administrative reforms which over-restrict participation of associations in administrative or legal proceedings (e.g. the Madrid reform that limited LGTBI associations’ standing) as unconstitutional, reinstating the ability of civil society organisations to intervene. ElHuffPost

Conclusion

The landscape of Administrative Law in Spain in 2025 is in a phase of active transformation. Key themes are transparency, citizen empowerment, procedural fairness, digital governance, and alignment with EU norms. Administrations and those interacting with them (citizens, companies, organisations) must be alert to new duties, new rights, and possible shifts in how administrative decisions are taken and reviewed.