The question of who will become Spain’s next representative at the European Court of Human Rights is taking on growing importance across the country’s judicial system. The selection of a candidate could shift the balance of power within the Council of Judges and impact the independence of key institutions. As confidence in the process of judicial appointments is discussed at the highest level, close attention is being paid to every aspect of how this decision is made.
Judge Carlos Hugo Preciado, a member of the General Council of the Judiciary (CGPJ) nominated by Sumar, has officially announced his intention to seek the position of judge at the European Court of Human Rights for the 2027–2036 term. If his candidacy is approved, he will leave his current post before the end of his five-year term, which expires in July 2029. This decision could bring significant changes to the judiciary’s leadership, as Preciado is considered a key ally of the current president, Isabel Perelló.
A generational shift
Sitting judge María Elósegui will finish her mandate in March next year, and the search for her successor has already begun. Among the 28 well-known legal professionals under consideration are not only Preciado but also Dimitri Berberoff. According to EL ESPAÑOL, Preciado has worked in the judicial system since 2007 and currently serves in the Social Chamber of the Supreme Court of Catalonia. He played a role in appointing Isabel Perelló as president of the Supreme Court and CGPJ, and is also a member of the Council’s Standing Committee. His independent stance and refusal to follow the decisions of the progressive bloc have often been discussed among his peers.
Preciado’s departure from the Council could weaken Perelló’s position, as he was seen as her main backer. If he moves to Strasbourg, the president will have to seek new alliances within the structure. Notably, Dimitri Berberoff has also applied for the position, adding more intrigue to the selection process.
Government influence
The candidate selection process is a subject of debate because of the makeup of the committee that draws up the list of applicants. The committee includes senior government officials: Diego Martínez Belío, Manuel Olmedo, Alberto Herrera, as well as Gema Espinosa from the CGPJ and Paz Andrés from the Council of State. This body is responsible for choosing the three finalists to be submitted to the Parliamentary Assembly of the Council of Europe, which will make the final decision.
The committee’s composition was approved by order of Minister Félix Bolaños, published in January 2024, and is based on the 2020 royal decree. However, most committee members represent the executive branch, drawing criticism from international experts. The Parliamentary Assembly of the Council of Europe will consider a resolution in two weeks that includes recommendations to ensure transparency and fairness in the process. Specifically, it is emphasized that the majority of national committee members should be independent from the government, and the committee may include representatives of the judiciary, ombudsman, bar associations, and the academic community.
List of Candidates
Among the candidates for the position of judge at the European Court of Human Rights, in addition to Preciado and Berberoff, are Rafael Abril Manso, Lorena Bachmaier, Rafael Bustos, Penélope Castejón, Leonardo Cervera, José Miguel Company, Daniel Sarmiento, Marta Díaz, Guillermo Escobar, Tania García, Itziar Gómez, David González Burguera, Iria González, Cristina Hermida, Antonio Iglesias, Luis Jimena, Mar Jimeno, Jorge Muñoz Cortés, Jordi Nieva, Manuel Ponte, Santiago Ripol, Margarita Robles, Ángel Rodríguez-Vergara, Violeta Ruiz, Ana Salinas, and José Manuel Sánchez Siscart. This broad pool of applicants reflects the high interest in the position and the significance of the judge’s role in the international judicial system.
The issue of transparency and independence in the selection of judges for international bodies has come under discussion in Spain before. Recently, there was public debate over a court ruling that obliged the state, the Xunta, and the Ribadeo city council to pay compensation to the family of a woman who died at As Catedrais beach — this case sparked a wave of debate on how court decisions can change approaches to safety and government accountability. Such developments highlight how crucial it is for Spain to maintain public trust in its judicial system and ensure transparency at every stage of appointing key officials.
Context and trends
In recent years, Spain has faced the need to reform the procedures for appointing judges to international and national bodies. In 2024, changes to the composition of selection committees were discussed, along with new requirements for transparency and independence. Similar processes in other European countries have sparked public debate and criticism from international organizations. The issue of executive dominance in these committees remains relevant in other states as well, underscoring the need for a balance of powers. In Spain, such discussions often lead to revisions of regulations and increased oversight by independent bodies.
