The question of balance in the Spanish judicial system has come to the forefront again following news of government plans to increase the number of judges and magistrates. For many Spaniards, this is more than just another reform: it’s about how justice will function in the coming years and who will bear the brunt as cases become more complex and court applications rise.
The Progressive Prosecutors Association (Unión Progresista de Fiscales, UPF) has sharply criticized the Ministry of Justice’s initiative, stating that a unilateral increase in the number of judges without a corresponding rise in prosecutors will create a serious imbalance. According to UPF representatives, this approach not only fails to solve existing problems but also risks creating new ones, threatening the effectiveness of the entire system.
System Imbalance
UPF emphasizes that judges and prosecutors are not isolated roles but interconnected pillars of justice. Any change in one structure inevitably impacts the other. If the number of judges increases without strengthening the prosecution service, the burden on prosecutors will reach a critical level. Many are already at their limit, and new judicial appointments could make the situation even worse.
The association points out that a reform limited only to the judiciary does not meet today’s challenges. The growth in litigation, population increases, and the complexity of legislation require a comprehensive approach. Without this, according to the UPF, any attempt at modernization risks lowering work quality and prolonging procedures.
The role of prosecutors
There is particular concern that prosecutors play a key role not only in criminal cases but also in protecting victims’ rights and ensuring fundamental rights of citizens. Their involvement is essential in many areas, and without a sufficient number of specialists, the system cannot function properly.
The UPF recalls that the government has repeatedly stated its intention to transfer the leadership of criminal investigations to prosecutors, a role previously reserved for judges. However, without an increase in the workforce of the prosecutor’s office, such changes may prove impossible. The association describes these plans as “impossible” without preliminary and large-scale staff expansion.
Strategy and risks
The UPF statement expresses concern over the lack of a long-term development strategy. With the constant rise in the number of cases, a growing population, increasingly complex crimes, and an approaching wave of retirements among prosecutors, the absence of a clear plan could lead to serious disruptions in the system.
The association emphasizes the need not only to increase the number of judges but also to establish a stable and predictable personnel policy for the prosecutor’s office. Without this, according to the UPF, any reforms will be fragmented and will not yield the expected results.
The stance of the professional community
Other representatives of the professional community share a similar view. The president of the Asociación Profesional e Independiente de Fiscales (APIF), Miguel Pallarés, supported the increase in the number of judges but stressed that without a corresponding rise in the number of prosecutors, the system would be at risk.
Professionals note that support for the judiciary and the prosecutor’s office should be balanced. Only in this way can effective and fair justice be achieved, capable of responding to the challenges of modern society.
