Spain’s judiciary faces an unexpected challenge: an increasing number of judges are choosing to retire before reaching the official retirement age. This trend worries the legal community and could lead to staff shortages in the coming years. According to El Pais, nearly 40% of judges who stepped down in 2025 did so voluntarily or ahead of schedule, even though the Supreme Court is pushing to raise the mandatory retirement age.
Early retirements
According to the Francisco de Vitoria Judges Association (AJFV), 117 judges ended their service in the country last year, with 46 retiring voluntarily or early. The remaining 60 left their positions upon reaching the age limit, while 11 stepped down due to permanent disability. Judges are currently required to retire at 70 but can stay until 72. However, many are not waiting until that point.
The reasons behind early departures include constant overload, rising caseloads, a lack of a clear career development system, and insufficient recognition of experience. Additional factors are perceived pressure from other branches of power and a lack of political solutions, undermining the prestige of the profession. AJFV representatives note that the trend of early retirement has persisted for several years and is becoming increasingly evident.
Debate over retirement age
Amid mass departures, the Supreme Court proposes raising the mandatory retirement age to 75. Last October, the court submitted a report to the General Council of the Judiciary (CGPJ), stating that over the next ten years, 82% of Supreme Court judges will reach the current retirement age. Judges of the highest court believe extending the working period will help retain experienced professionals and prevent staffing shortages.
However, there is no consensus within the CGPJ. Some members support raising the retirement age not only for the Supreme Court but for all judges in the country. Others are opposed, especially representatives of the progressive wing. At the same time, according to El Pais, most early retirements occur in courts with high workloads and low salaries, whereas in higher courts, judges tend to remain until the maximum retirement age.
Forecasts and consequences
A recently published AJFV analysis, based on CGPJ data and mortality statistics, shows that by 2035 the number of judges in Spain could decrease by almost 1,800. If there are no new recruitment competitions, there will be about 4,400 judges in the country by 2035, instead of the 5,600 planned for the end of 2025.
The authorities have already announced the creation of 500 new positions for judges and magistrates — a record number for Spain. However, according to AJFV, this is not enough: just over the last five years, 506 people have left, and in the next ten years, almost 1,800 more retirements are expected. Meanwhile, the number of court cases continues to grow, increasing the workload on the remaining staff.
Impact on the system
Constant overload negatively affects not only the quality of case reviews but also the judges’ own health. Many are choosing early retirement to avoid burnout and maintain their well-being. AJFV representatives believe that the staff shortage could threaten citizens’ right to effective legal protection.
In recent years, Spain has already faced similar challenges in other public sectors. For example, in 2023, shortages of doctors in public hospitals were discussed, and in 2024, there was a mass retirement of teachers. In both cases, authorities tried to address the issue by increasing the number of vacancies and changing working conditions, but systemic questions remained unresolved. The situation with judges shows that without comprehensive reforms, staffing shortages could affect other areas as well.
