Spain's Foreign Action Strategy: Footnotes

There are so many of these strategies that it is impossible to list them all; it suffices to mention, by way of illustration, among the Strategies, those of Circular Economy, Artificial Intelligence o Foreign ActionAmong the Roadmaps, those of Hydrogen, Own Consumption o Sustainable Management of Mineral Raw Materials; and, among the Plans, those of Adaptation to Climate Change, Subsidies o Administrative Simplification and Burden Reduction.

 

This planning motorization, equivalent in some ways to the legislative motorization that it once highlighted Carl SchmittThis presents us with the dilemma of which category to address—strategy, roadmap, or plan—and which topic to cover—circular economy, foreign policy, mineral raw materials, climate change, or subsidies. Resolving this dilemma requires us to use some selection criteria, such as the interest, relevance, or significance of each category or topic, its alignment with one of the basic state policies—foreign affairs, justice, defense, education, security—or both, which ultimately seems advisable. Based on these criteria, the path forward, once clarified, leads us to foreign policy and, specifically, to... Foreign Action Strategy 2025-2028, because this is the one that meets the conditions of interest, relevance or transcendence, as well as that of basic state action.

 

A Strategy whose secondary title is "A Foreign Policy with Its Own Identity," which presents a serious conceptual problem from the outset, by using as synonyms two terms that are not: "Foreign Action"—the primary title—and "Foreign Policy"—the secondary title. Law 2/2014, of March 25, on Action and the Foreign Service of the StateIt defines both, considering the first as the set of actions carried out abroad by constitutional bodies and public administrations in the exercise of their respective powers, and the second as the set of decisions of the Gobierno in its relations with other actors on the international stage, to define, promote, develop and defend Spanish values ​​and interests abroad, in such a way that the Foreign Action must be subordinate to the guidelines and coordination of Foreign Policy, and not the other way around..

 

This lack of conceptual precision, using two terms synonymously that, although interrelated, are distinct, is compounded by another, even greater one: passing off as state policy what is nothing more than policy of GobiernoIn the introduction to the Strategy, the Minister of Foreign Affairs, José Manuel AlbaresHe claims that this is the result of "a broad participatory process" that included communities, local entities, political parties, civil society, and experts, and that it is therefore "a project for the country and the future." In making these two assertions, however, he overlooks a key element in the formulation of this external projection: the role that the highest representation of popular sovereignty, the Cortes GeneralesAnd that in this case - as in so many others - it did not do so, as it had not been debated, nor approved, by them, to make that projection a genuine State policy.

 

A genuine state policy that is also shaped by a highly desirable consensus on its aims, interests, and values, in order to avoid radical and sudden changes that call its credibility into question, altering three essential principles that must remain outside of ideological or tactical priorities: clarity, continuity and coherenceClarity, for example, has been lacking in the recent negotiations on Gibraltar; continuity, in the Spanish position on the Sahara Occidental; and the coherence, in our contribution to the European agenda, due to the blatant contradiction between the statements contained in the Strategy regarding our contribution to the stability, resilience and effectiveness of the Unión Europea and the reality of certain facts that stubbornly prevail over those narratives, no matter how much one tries to change the story.

 

The change of opinion on matters that should strengthen our role as partners in a "strengthened and committed Europe," such as defense, migration, and relations with China and, lately, in the Conferencia de Seguridad de MunichNuclear deterrence constitutes a clear point of contention within the Community, particularly with certain members, such as Roma o BerlínThis discordant position, if we move from the political to the legal sphere, is reflected in the transposition of European directives, where we lead the list of non-compliance, with more than 100 untransposed directives—the largest deficit of all member states—and with 92 open infringements. Comisión, with the corresponding risk of sanctions being imposed by the Tribunal de Justicia de la Unión, for not having integrated these directives into our legal system.

 

Regulatory Compliance Indicator (EU)	Figure / Quantity
European directives not yet transposed	More than
Open violations by the Comisión	92
Position on the non-compliance list	Leader (Largest deficit of Member States)

 

Finally, the Strategy, in its Part III, relating to "Foundations and tools of Foreign Action", contains a section entitled "A Foreign Service prepared for the future", which also does not reflect reality, given the lack of human and material resources of our Embajadas y Consulados to address the practical consequences of certain legislative initiatives, such as those arising from the Law of Historical Memory and, more recently, its sequel, the Democratic Memory Law. The Asociación de Diplomáticos Españoles (ADE) has pointed out on multiple occasions that our Foreign ServiceAnd specifically its consular network, it is far from being "adapted to the realities and needs," despite the Strategy's claims to the contrary. An evaluation and accountability report on the previous Strategy would have been very useful as a starting point for these assertions, but this has not been the case.

 

Antonio Viñal,

Avco Legal Attorney

 

Key points and frequently asked questions about this analysis

What is the critical difference between Foreign Action and Foreign Policy according to the author?

The author points out that Foreign Action is the set of technical actions undertaken by bodies and administrations, while Foreign Policy stems from the Government's decisions to defend values ​​and interests. The regulations stipulate that Foreign Action must be subordinate to Foreign Policy.

Why is the 2025-2028 Foreign Action Strategy being questioned as a State policy?

It is questioned because, despite being presented as a "national project", it has not been debated or approved by the Cortes Generales, which reduces it to a government policy instead of a state policy with the consensus of popular sovereignty.

What technical deficiencies does Spain have in its relationship with the European Union?

Spain leads the way in non-compliance with the transposition of European directives, with more than 100 pending regulations and 92 open infringements by the Commission, which creates a real risk of sanctions from the Court of Justice of the Union.

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