The Spanish Socialist Workers’ Party (PSOE) has submitted a bill to Congress that could change the rules for the country’s judges and magistrates. The new initiative would allow for the temporary suspension of members of the judiciary if they publicly express political opinions against state institutions or their representatives.
The document proposes adding an additional ground for the suspension and removal of judges to the legislation. This would apply in cases where a judge, using or referring to their position, publicly speaks out against the actions of authorities, officials, trade unions, associations, or other organizations involved in legal proceedings. The law would also cover those who make similar statements privately to these parties or participate in activities aimed at discrediting any side involved.
PSOE emphasizes that such actions could undermine confidence in the impartiality of the judiciary, which is a key element for ensuring fair trials. According to the authors of the initiative, protecting the reputation and independence of the judicial body requires clear restrictions on political activity within their professional duties.
Abolition of punishment for insulting religion
Along with this proposal, the Socialists are suggesting the removal from the Criminal Code of the article that establishes liability for offending religious feelings. Currently, mocking religious dogmas, rituals, or believers in public carries a fine, but PSOE argues that such a provision is outdated and does not align with modern standards of freedom of expression.
Earlier this year, the party already attempted to repeal this article following the high-profile case involving comedian Lalachús, who was accused of offending religious sentiments because of a satirical postcard. At the time, there was also discussion about limiting so-called popular prosecutions, but in the new draft law, this point has been replaced with stricter rules for judges.
Parliamentary debates and alternative initiatives
Meanwhile, Congress is still considering another proposal put forward by the Sumar coalition at the end of 2023. It also seeks to abolish criminal liability for religious offenses but suggests more radical changes as well — for example, scrapping penalties for insulting the monarchy and for statements that could be interpreted as justifying terrorism. On these issues, the Socialists remain divided, leading to delays in reviewing the amendments.
Overall, the new proposals from PSOE have sparked lively debate among politicians and the public. Some believe these measures are necessary to strengthen trust in the judicial system, while others fear they could limit judges’ freedom of expression and increase pressure on judicial independence.
