European bodies are increasingly concerned about the state of Spain’s judiciary. The Council of Europe has noted growing distrust toward key institutions, including the Supreme Court (Tribunal Supremo) and the General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ). Mission representatives who visited the country in November stressed that respect for judicial decisions is fundamental to democracy, and any attempt to undermine this principle could have long-term consequences for the country’s stability.
In recent weeks, a heated debate has erupted in Spain over the independence of the prosecutor’s office and the role of politicians in appointing judges. This was sparked by the recent resignation of former Attorney General Álvaro García Ortiz after he was convicted in a case involving the disclosure of confidential information. While Council of Europe officials did not mention this incident directly, their statement came amid growing polarization in Spanish society and politics.
Politicization and pressure on the courts
European experts have voiced concerns that political infighting and public statements could erode trust in the judicial system. In their view, even in established democracies like Spain, there is a risk that public discourse could be distorted by rhetoric that questions the legitimacy of judicial authorities. Particular attention has been paid to the Supreme Court and the General Council of the Judiciary, which, the mission believes, must remain free from political influence.
The statement emphasizes that political polarization should not interfere with upholding the rule of law, the separation of powers, and constructive dialogue between institutions. At a time when Europe faces numerous challenges, the resilience of democratic institutions is key to safeguarding citizens’ rights and freedoms.
Recommendations for Judicial System Reform
The Council of Europe reminded Spanish authorities of the need to continue justice sector reforms. Special attention is given to the process of appointing members of the General Council of the Judiciary. European experts insist that judges should be chosen exclusively by their peers, without interference from parliament or the government. This approach, they argue, will help reduce the risks of politicization in the judiciary.
In October, the Venice Commission (Venecia) had already recommended that Spain review its current model to ensure greater judicial independence. Proposals include changing the process for selecting and determining the term of the Attorney General, as well as implementing additional measures to prevent political pressure on judicial bodies.
Issues of Prosecutorial Independence
The report specifically emphasizes the importance of independence not only for judges but also for prosecutors. The Council of Europe has called on Madrid to accelerate the implementation of recommendations from the Group of States against Corruption (GRECO), which include reforming the procedures for appointing and renewing the term of the attorney general. Experts believe that the current system creates conditions for political interference in the work of the prosecution, undermining public perception of its autonomy.
GRECO has repeatedly stressed that to avoid political influence, the executive and legislative branches must be excluded from all stages of selecting members of judicial bodies. Only then can genuine independence and public trust in the justice system be ensured.
Meetings and discussion of pressing issues
During their visit to Spain, representatives of the Council of Europe held meetings with judges, parliamentarians, government officials, as well as with opposition People’s Party leader Alberto Núñez Feijoo. In Barcelona, the delegation met with members of the regional parliament, its president Josep Rull, Justice Minister Ramon Espadaler, and representatives of Esquerra Republicana de Catalunya (ERC).
The discussions covered not only judicial reform but also topics such as the application of the amnesty law in Catalonia, the rights of Spanish-speaking students, the impact of the ‘only yes means yes’ law (ley del ‘solo sí es sí’), as well as changes to the civil security law and the criminal code.
Spain’s first monitoring mission
This visit marked the first time that a Parliamentary Assembly of the Council of Europe commission monitored Spain’s fulfillment of its obligations. The results of the trip will form the basis of a special report to be presented for discussion and voting in 2026. While Spain is not under continuous observation like some other countries, European experts consider it necessary to closely monitor developments.
In the coming months, Spanish authorities expect new recommendations from European bodies. Issues concerning the independence of the judicial system and the prosecutor’s office remain at the forefront both domestically and internationally. The effectiveness of the reforms will determine the public’s trust in institutions and the resilience of democracy in Spain.
