The Spanish government is advancing a legislative proposal to bar political parties and trade unions, along with associations affiliated with them, from exercising popular prosecution in court cases. Now under debate in Congress, the initiative responds to concerns that far-right organizations have misused legal actions in high-profile judicial proceedings. Justice Minister Félix Bolaños says reforms are needed to protect the integrity of the judicial system. He has pointed to recent cases involving Begoña Gómez and David Sánchez, the wife and brother of the Prime Minister, as examples of legal actions being used for political purposes.
Popular prosecution, or acusación popular, allows citizens and eligible organizations to act as criminal accusers even when they are not direct victims. The cases involving Gómez and Sánchez show how complaints by groups such as Hazte Oír and Manos Limpias can lead proceedings independently of the public prosecutor’s position. That role lies central to the political dispute: does the mechanism provide civic oversight, or does it open the door to partisan litigation?
Bolaños says the use of popular prosecution by groups such as Manos Limpias and Hazte Oír has contributed to declining public trust in the judiciary. More than 65% of Spaniards believe lawfare, meaning the use of courts for political ends, exists in Spain, information from the latest 40dB. survey for EL PAÍS and Cadena Ser. The view is particularly common among progressive voters. It was held by 87% of Podemos supporters, 84% of Sumar voters and 78% of Socialist Party backers. Among supporters of the PP and Vox, the figure is lower but still impressive, at nearly 60%.
Bolaños has reaffirmed his confidence in the Spanish justice system, citing its legal safeguards and right of appeal. He acknowledged, but, that some judicial decisions have fueled public skepticism. He pointed to 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. Gómez was denied permission to travel to Turkey for an upcoming NATO summit but was allowed to visit the United Kingdom for her daughter's graduation. Bolaños questioned the need for the measures, noting that Gómez is constantly accompanied by security agents and poses no flight risk. He also said the UK and Turkey are outside the European judicial area, although cooperation with both countries remains strong.
The legal proceedings involving Gómez have since narrowed to allegations of influence peddling and misappropriation of public funds. Judge Juan Carlos Peinado of Madrid Investigating Court No. 41 sent her to trial before a popular jury, while the Madrid Provincial Prosecutor’s Office sought her acquittal, arguing that the alleged conduct was “not criminally punishable.” Hazte Oír, acting as a private accuser, reportedly sought a 13-year prison sentence. The case remained subject to procedural appeals, with the Madrid Provincial Court responsible for resolving outstanding challenges. The opposing positions of the private accuser and the public prosecution show how popular prosecution can shape a case even when state prosecutors seek acquittal.
Public opinion reflects the debate over the political motives behind judicial investigations. The 40dB. poll found that 35.9% of respondents believe the investigation into Begoña Gómez is politically motivated, slightly more than the share who see solid legal grounds. David Sánchez faces charges related to alleged favoritism in the Badajoz provincial government. Some 33.7% of respondents view him as a target of political motives, while 37.4% believe there are legitimate grounds for prosecution. Bolaños has accused the far right of systematically using the courts to target progressive figures and their families, often in cases that do not result in convictions. He has also criticized the mainstream right for adopting similar tactics, bolstering the government's call for urgent reform of popular prosecution rules.
The Sánchez investigation began with a complaint by Manos Limpias, and preliminary proceedings opened in July 2024. Investigators examined the creation and filling of a coordinator of musical activities position at the Badajoz Provincial Council in 2017, including whether it had been tailored for Sánchez. The investigation involved seizing email accounts and reviewing documents. Judge Beatriz Biedma also described testimony about alleged pressure on investigators and the handling of their reports. In a later development, a Badajoz court convicted Sánchez on 14 July 2026 of administrative malfeasance connected to the appointment and barred him from holding public office for nine years. He was acquitted of influence peddling. The ruling was not final, and appeals were filed by Sánchez and prosecutors who had sought his acquittal.
Prime Minister Pedro Sánchez has defended his wife and brother, saying they are entitled to pursue professional careers despite his office. In remarks reported by RTVE, he argued that some judicial decisions had “crossed red lines” by affecting his family. He has also said Gómez worked with Complutense University before he became prime minister and gave up a position in a private company. Those comments set out the government’s political counterargument to the cases, while the judicial proceedings continue on their own course.
The government has drawn 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. The bill also sought to prevent cases based solely on media reports, and to repeal the offense of insulting religious sentiments. Despite the controversy, government sources say popular prosecution needs regulation. They say the PSOE is willing to give up the tool only if other parties do the same, arguing that a unilateral withdrawal would create an imbalance in the current political climate.
Public attitudes toward lawfare are divided. The 40dB. survey found that 28% of Spaniards believe it is used mainly against the government and left-wing parties. Another 22.6% think it is employed equally across the political spectrum, while 14.8% see the opposition and right-wing parties as its basic victims. The judicialization of politics has become a recurring theme in Spain, including in recent cases involving public officials and legal challenges. Scrutiny of the Guardia Civil and SEPI investigations was discussed in recent coverage of mounting political pressure on judicial processes.
The outcomes of the Gómez and Sánchez proceedings do not, by themselves, establish that the accusations were abusive or politically motivated. They do show that popular prosecution can bring cases to court and sustain private accusations even when public prosecutors take a different position. The reform debate turns on how to balance access to criminal proceedings and public oversight with safeguards against politically driven litigation. The initiative’s final text and timeline, including its effective date, remain basic to the question of which rules would change.
