Miguel Ángel Guzmán, who served as vice counselor of Health for the Junta de Andalucía until three months ago, recently joined Asisa, one of the main health insurance companies, causing controversy due to the revolving door phenomenon. After the Junta de Andalucía conducted an investigation into the compatibility of Guzmán’s new role with his previous responsibilities, it was determined that he can join Asisa, but must wait four months until July 29, the two-year legal limit since he ceased his position as manager of the SAS. Despite serving as vice counselor of Health from July 2022 to December 2023, the report found no incompatibility between this role and joining a private insurance company.
The issue of whether a politician can hold another job while in office depends on the laws in place. The national law regulating high-ranking government officials states that their role requires exclusive dedication and they cannot hold any other position, public or private, except for certain exceptions like creative or technical work, as long as it does not interfere with their duties. Each autonomous community in Spain has its own laws regarding the compatibility of high-ranking officials with other positions, allowing for certain exceptions such as serving as lawmakers without pay or working as university lecturers within salary limits.
When a public official leaves politics and seeks employment in the private sector, the issue of revolving doors arises, potentially compromising the impartiality of their administrative decisions. Laws at the national and regional levels in Spain establish a two-year waiting period after leaving public office before former officials can work for companies they may have influenced during their political career. Determining these connections can be complex and must be assessed on a case-by-case basis, with regulations and anti-corruption measures further shaping the applicable rules.
The Office of Conflict of Interests (OCI) was established in 2006 at the national level to oversee the enforcement of sanctions against high-ranking officials or public servants. This office can also veto the employment of former officials for two years if they breach the law. Despite being in operation for over a decade, the OCI has approved the majority of requests from former officials, with very few denials. The lack of follow-up and monitoring after approval raises concerns about the effectiveness of the system, as the office largely relies on the honesty of former officials to report their activities.
Recent changes in some autonomous communities, such as the closure of the Anticorruption Office in the Balearic Islands and proposed reductions in incompatibilities for high-ranking officials in Valencia, highlight ongoing debates on the regulation of revolving doors. Castilla-La Mancha announced stricter regulations, requiring public officials to submit a compatibility declaration and face potential dismissal if found in violation. These developments reflect the ongoing efforts to address conflicts of interest and ensure transparency in public office. While the legal framework aims to prevent abuses of power and maintain public trust, concerns remain about the effectiveness of oversight mechanisms in regulating the revolving door phenomenon.
