The EU General Affairs Council will address the rule of law in Spain this Monday

The Diplomat The General Affairs Council (GAC) of the European Union will address the state of the rule of law in the EU this Monday, January 26, with particular attention to the cases of Denmark, Spain, Estonia, and Greece. The GAC regularly discusses the rule of law in the EU and its member states, particularly regarding the review of progress and developments on the ground, through the so-called "annual dialogue on the rule of law." In addition, the Council adopts country-specific recommendations each year, including on aspects such as the independence, efficiency, and quality of the judicial system. In the case of Spain, the debate will be based on the conclusions of the chapter on Spain in the Rule of Law Report issued on July 8, 2025. That document highlighted the renewal of the General Council of the Judiciary (CGPJ) of Spain as a result of the structured dialogue held in 2024 mediated by the European Commission, and the adoption of a series of measures to promote the adaptation of the appointment procedure for its members, who are chosen from among judges and magistrates. It also noted the implementation of measures to modify the statute of the Attorney General, "although some stakeholders are openly critical of this reform," and other measures related to the rules on conflicts of interest for judges, magistrates, and prosecutors. Furthermore, it highlighted the approval of the Organic Law on the Right to Defense, the strengthening of free legal aid, and the implementation of new measures to improve the digitalization of the justice system and address the difficulties regarding resources within the judicial system. “The protests being carried out by judges, magistrates, and prosecutors reflect the reservations these groups have regarding the proposed judicial reform,” the report warned. “The length of legal proceedings, particularly those before the Supreme Court, remains a problem, and new measures have been taken to improve the situation,” it added. Furthermore, the report noted that the Constitutional Court “has declared the Amnesty Law compatible with the Spanish Constitution.” It also highlighted the adoption of “measures to promote the principles of the rule of law,” the creation of “a new agency for equality,” and the introduction of “a draft Organic Law to amend the Law on Citizen Security in order to address the issues raised by stakeholders.” The report cautioned that the Government “is legally obligated to approve a comprehensive strategy to prevent and combat corruption, although the corresponding activity has not yet been implemented.” “Cooperation between the various anti-corruption authorities remains good and has improved the efficiency of the Transparency and Good Governance Council in carrying out its functions despite existing resource limitations,” it continued. Furthermore, the document indicated that the Draft Bill for the Improvement of Democratic Governance in Digital Services and Media was pending approval. “There has been no further progress in implementing the recommendation to improve access to information; we are still waiting for the new Law to be approved,” it added. “Despite the measures included in the new legislative proposals, journalists continue to face increasing difficulties regarding working conditions and their safety,” the report stated.

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