The decision to open 125 new magistrate positions through the fourth route has become one of the most discussed events in Spain’s judicial system in recent months. For many legal professionals and specialists with extensive experience, this move offers additional opportunities for advancement. At the same time, this step could shift the balance of power within the judiciary and alter the usual recruitment mechanisms.
According to El Pais, the General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ) has officially confirmed that the upcoming selection will offer 125 magistrate positions through the fourth route. This path is designed for lawyers with recognized authority and at least ten years of professional experience. The decision is the result of complex negotiations between Council Chair Isabel Perelló and Justice Minister Félix Bolaños.
Allocation details
The vacancies will be distributed across various areas: 55 positions are designated for mixed civil and criminal cases, 15 each for civil and criminal proceedings, another 20 for administrative disputes, and 20 more for social matters. This approach addresses the needs of different branches of the judiciary and attracts specialists with diverse backgrounds.
Previously, disagreements arose between the Ministry of Justice and the Council of Judges regarding the exact number of vacancies that should be opened through the fourth route. Minister Bolaños insisted on the need to increase the number of such positions, citing a significant staffing shortage. Meanwhile, representatives of the Council of Judges believed that the real deficit was not as severe and proposed a more restrained approach.
Reasons for the disputes
The main reason for the disagreements was the interpretation of the law. Article 311.1 of the Organic Law on the Judiciary states that one out of four magistrate vacancies must be filled through a competitive process among experienced lawyers. However, each side interpreted how to apply this rule differently: either by reserving one in four of all announced vacancies, or only among those opened for magistrates already working within the system.
Some representatives of the judiciary expressed concerns that candidates appointed through the fourth route might be less prepared than those who passed the traditional selection process. However, supporters of the reform emphasize that applicants are required to undergo a rigorous selection, including a practical exam, an interview, and special training.
Impact on the system
The announced ‘macro-recruitment’ of 500 new positions for judges and magistrates, including 125 through the fourth route, has become part of a broader reform initiated by the Ministry of Justice. The authorities expect this to help renew staff and improve the efficiency of the courts. At the same time, such changes are sparking debates within the professional community and have become a topic of political discussion.
In a recent address, the chair of the Council of Judges once again raised issues about the future of the judicial system, the selection process reform, and the involvement of politicians in discussing court decisions. The Minister of Justice, in response, called these statements politicized, further heightening tensions between the departments.
In recent years, Spain has already faced similar situations when changes in the rules for selecting judges triggered heated debates. For example, in 2023 there was a reform discussed regarding the expedited appointment of judges, which also sparked a wave of criticism and concerns over the independence of the judiciary. These developments highlight how sensitive any changes in the country’s justice system are perceived.
