A new round of debate over the independence of the judiciary is unfolding in Spain. The country’s largest association of judges has publicly voiced concern about the deteriorating state of the rule of law. The reasons stem not just from political decisions, but also from growing public distrust in the independence of judges. These developments affect everyone who encounters the justice system, and have already attracted attention at the level of the European Parliament.
The Association of Professional Judges (APM) addressed members of the European Parliament to present its stance on the state of Spanish justice in 2025. At the center of attention were the consequences of recent scandals, including the high-profile Supreme Court decision to disqualify the former Attorney General for two years and fine him for disclosing confidential information related to the private life of those close to the head of Madrid’s government. This case has become a symbol of how political and judicial interests intertwine, raising questions about the transparency and fairness of the system.
Reforms and concerns
During discussions with members of the European Parliament, the judges’ association raised concerns about planned changes to the rules governing access to the positions of judge and prosecutor. According to APM, the government’s proposed reform could lower requirements for candidates and simplify the appointment process for interim judges, which they believe opens a “back door” for influence over the judiciary. Similar concerns are voiced by other professional associations, who fear these steps could lead to a decline in the quality of justice and an increase in political pressure.
At the same time, representatives of the progressive judges’ association view the reform as a step forward, although they also point out shortcomings in the process of legalizing interim judges. They emphasize that changes should be accompanied by clear guarantees of independence and transparency to prevent abuse and conflicts of interest.
Organizational challenges
Another topic of discussion was organizational reforms, particularly the introduction of new courts of first instance. Judges warn that without adequate funding and careful planning, these changes can lead to chaos, overload, and a decline in service quality for citizens. Despite numerous reforms in recent years, structural problems remain unresolved and promised improvements have yet to be implemented.
In this context, it is worth recalling how recent decisions by the Constitutional Court sparked a storm in Madrid’s political circles, calling into question the position of one of the regional government’s key allies. For more on how judicial rulings can impact the political landscape, read the article on the consequences for the capital’s politicians.
Political pressure and guarantees
At the same time, the association Juezas y Jueces para la Democracia (JJpD) drew European lawmakers’ attention to instances of pressure from politicians, which they believe go beyond criticism and are aimed at discrediting the judiciary. Of particular concern is the situation around the judge investigating the aftermath of the devastating floods in Valencia, as well as the ongoing campaign against the Constitutional Court.
JJpD notes that despite these challenges, judicial independence in Spain persists, as evidenced by numerous investigations across various sectors. Among the positive changes are the draft of the new Code of Criminal Procedure, which should clearly separate investigative and judicial oversight functions, and the creation of hundreds of new judicial positions in the coming years. In addition, there are plans to reform the status of the Prosecutor’s Office to avoid overlapping terms of the Attorney General and the government.
In recent years, Spain has repeatedly faced high-profile conflicts between the judicial and political branches of power. Such situations have arisen when court decisions directly affected the careers of senior officials or triggered mass protests. In 2024, for example, amendments to the laws on judicial appointments were discussed, which sparked a wave of criticism from the professional community. European institutions regularly monitor developments, emphasizing the importance of transparency and judicial independence for the country’s stability.
