Brussels regrets the statements of politicians, including the Government, against the judges

The Diplomat Yesterday the European Commission presented its report on the Rule of Law in the EU, in which it highlights “significant progress” in Spain after the agreement between the Popular Party and the PSOE to renew the General Council of the Judiciary (CGPJ), and includes the complaints from the judiciary about the statements of politicians, including those from the Government, against the judges and announces that the Amnesty Law is being examined, the approval of which has caused “great controversy” in Spain. The thousand-page report highlights the “significant progress” that allowed the renewal of the CGPJ to be unlocked and celebrates the agreement reached by the two main Spanish political parties thanks to the “structured dialogue” promoted by the Commission, which acted as a mediator in the talks. In any case, it warns of the need to comply with all the provisions set out in the agreement - signed last June in Brussels - and to “promote the process of adapting the procedure for appointing its member judges, taking into account take into account the European standards on the advice of the judiciary.” The report also highlights Spain's "progress" in strengthening the Statute of the State Attorney General, but considers them insufficient and warns that deficiencies persist in the separation of the mandates of the State Attorney General and the Government. Therefore, the Commission urges Spain to continue strengthening this statute, especially with regard to the separation of powers, in accordance with European standards on the independence and autonomy of the Public Prosecutor's Office. The report also includes the “concern” that exists in the judiciary (CGPJ, associations of judges and other interest groups) about the statements of some politicians, including from the Government itself, in which they criticized “both individual judicial decisions and the judiciary as a whole” and warns of the risk that these types of attacks “increasingly undermine public confidence in the judiciary.” “While the courts are not immune from criticism and scrutiny, public confidence in the judiciary is fundamental to its effectiveness, given its special role in society,” the text indicates. Any “damage” to this trust is “particularly relevant” when it comes from statements made by the legislative and executive powers, it adds. Furthermore, despite some progress in addressing challenges related to the duration of investigations and judicial processes, the Commission urges Spain to intensify its efforts to improve efficiency in the processing of high-level corruption cases, especially through the completion of the reform of the Criminal Procedure Law. The report also highlights the lack of progress in legislation on pressure groups and urges Spain to adopt legislation in this area, including the creation of a mandatory public registry for pressure groups. The text also highlights the need to reinforce the rules on conflicts of interest and the declaration of assets of people with high-level executive functions. This includes strengthening the independence and sanctioning capacity of the Office of Conflicts of Interest. Likewise, the text emphasizes the need to improve access to information, especially through the review of the Official Secrets Law, in line with European standards on access to official documents. The Commission examines the Amnesty Law On the other hand, the report indicates that the Organic Law of Amnesty for the Institutional, Political and Social Normalization of Catalonia (adopted on May 30, 2024 and in force since June 11, 2024, which grants amnesty for acts and events related to the “independence process” in Catalonia, including criminal responsibilities) has been the subject of “great controversy” in Spain both “due to the political circumstances prevailing during its approval process” and “due to its content”, which resulted in “ demonstrations and public statements from different interested parties” and in a “massive correspondence” to the European Commission to convey this situation. Because of this controversy, the text continues, the Commission has asked the authorities for “clarifications” from the Spanish authorities. At a press conference, the vice president of the European Commission in charge of Values and Transparency, Vera Jourová, explained that the law is being examined, without revealing more details or specific deadlines. Likewise, she warned that speculation about the possible initiation of infringement procedures “is just that, speculation” and assured that the European Commission will carry out a thorough analysis to conclude whether action is necessary. Without expressly mentioning the Amnesty Law, the report also includes the “concern” that has come from different sectors about the “excessive” use of emergency procedures for the approval of laws.

Related Content

Claudia Sheinbaum will travel to Spain on April 18 to participate in the progressive summit of Sánchez and Lula

Netanyahu lashes out at Spain and warns: “No country will declare diplomatic war on us without paying a price”

Commissioner Séjourné highlights Spain's “crucial role” for European industrial sovereignty

Albares responds to Rutte: “NATO will not participate in this war because the Middle East is not within its sphere of influence”

Spain and Botswana discuss the Spain-Africa Strategy and collaboration on renewables and infrastructure