The Spanish government seeks to limit popular prosecution by political parties and related groups. Officials cite recent high-profile cases and public distrust in the justice system. The move has triggered legal and political debate.
The Spanish government is moving forward with a legislative proposal to prevent political parties, trade unions, and their affiliated associations from exercising popular prosecution in court cases. This initiative, currently under debate in Congress, is a direct response to concerns about the perceived misuse of legal actions by far-right organizations in high-profile judicial proceedings. Justice Minister Félix Bolaños has argued that such reforms are necessary to protect the integrity of the judicial system, pointing to recent cases involving Begoña Gómez and David Sánchez, the wife and brother of the Prime Minister, as examples where legal actions have been used for political purposes.
According to Bolaños, the instrumentalization of popular prosecution by groups like Manos Limpias and Hazte Oír has contributed to a decline in public trust in the judiciary. Data from the latest 40dB. survey for EL PAÍS and Cadena Ser indicates that over 65% of Spaniards believe that lawfare—using the courts for political ends—exists in Spain. This perception is especially strong among progressive voters, with 87% of Podemos supporters, 84% of Sumar voters, and 78% of Socialist Party backers expressing this view. Among supporters of the PP and Vox, the numbers are lower but still significant, at nearly 60%.
Bolaños has reiterated his confidence in the Spanish justice system, emphasizing the existence of legal safeguards and the right to appeal. However, he acknowledged that certain judicial decisions have fueled public skepticism. He specifically referenced the restrictive measures imposed on Begoña Gómez, including the withdrawal of her passport and a travel ban, after she was sent to trial for four alleged offenses. While Gómez was denied permission to travel to Turkey for an upcoming NATO summit, she was allowed to visit the United Kingdom for her daughter's graduation. Bolaños questioned the necessity of these measures, noting that Gómez is constantly accompanied by security agents and poses no flight risk. He also highlighted that both the UK and Turkey are outside the European judicial area, though cooperation with both countries remains strong.
The debate over the political motivations behind judicial investigations is reflected in public opinion. The 40dB. poll shows that 35.9% of respondents believe the investigation into Begoña Gómez is politically motivated, slightly more than those who see solid legal grounds. In the case of David Sánchez, who faces charges related to alleged favoritism in the Badajoz provincial government, 33.7% see political motives, while 37.4% believe there are legitimate reasons for prosecution. Bolaños has accused the far right of systematically using the courts to target progressive figures and their families, often with cases that do not result in convictions. He also criticized the mainstream right for adopting similar tactics, reinforcing the government's call for urgent reform of popular prosecution rules.
The government has faced criticism from legal experts and judicial associations over the constitutionality of its proposal. In January 2025, the PSOE introduced a bill to bar political parties from acting as popular prosecutors, also seeking to prevent cases based solely on media reports and to repeal the offense of insulting religious sentiments. Despite the controversy, government sources maintain that regulating popular prosecution is essential and that the PSOE is willing to relinquish this tool, but only if other parties do the same. They argue that unilateral withdrawal would create an imbalance, given the current political climate.
Public attitudes toward lawfare are divided. The 40dB. survey found that 28% of Spaniards believe lawfare is mainly used against the government and left-wing parties, while 22.6% think it is employed equally across the political spectrum. Another 14.8% see the opposition and right-wing parties as the primary victims. The issue of judicialization of politics has become a recurring theme in Spain, as seen in other recent cases involving public officials and legal challenges, such as the scrutiny over the Guardia Civil and SEPI investigations discussed in recent coverage of mounting political pressure on judicial processes.
Popular prosecution, or "acusación popular," is a unique feature of the Spanish legal system that allows individuals and organizations to participate in criminal proceedings as accusers, even if they are not directly affected by the alleged crime. While intended as a tool for civic engagement and oversight, its use by political actors has sparked debate over the balance between public participation and the risk of politicizing the courts. The current legislative push reflects ongoing tensions over the role of justice in Spain's political landscape and the challenge of maintaining public confidence in the rule of law.
