Spain’s judiciary faces mounting pressure as political interference and public distrust grow. Leading lawyer Javier Cremades warns that without mercy and respect for the courts, the rule of law is at risk. His new book dissects the roots of the crisis.
Spain’s justice system is under strain as political disputes and public criticism of judges put the rule of law to the test. Javier Cremades, a well-known Spanish lawyer and president of Cremades & Calvo-Sotelo, has raised concerns about what he sees as a deepening crisis in the judiciary. He warns that losing respect for legal institutions could have lasting effects on democracy.
Cremades recalls a remark from Andrew Young, the American civil rights activist, who told him in Madrid, "Without mercy there is no rule of law." Young made this comment while accepting the 2023 Peace and Liberty Award from the World Jurist Association. The phrase became central to Cremades’ latest book, Sobre el imperio de la ley. For Cremades, justice depends on a human approach—laws must be interpreted with compassion and understanding.
In early September 2026, Spain's Congress blocked the Popular Party's initiative to change the system for selecting members of the General Council of the Judiciary, prolonging the institutional deadlock over judicial reform.
Cremades argues that Spain’s judiciary faces ongoing attacks from political groups and institutions that threaten its independence. He points to three main problems: political polarization, the spread of disinformation, and a decline in respect for judges. He compares these issues to a persistent virus in society, requiring constant attention and resistance, much like a public health crisis.
He notes that this is not just a Spanish problem. Cremades draws parallels with recent events in Israel under Benjamin Netanyahu and in the United States during Donald Trump’s presidency. He warns that if European leaders use their power to avoid judicial scrutiny, the consequences could be serious.
One of the most pressing issues is the ongoing deadlock over renewing the General Council of the Judiciary. Cremades criticizes the Partido Popular for blocking the process and the PSOE for pushing through legal changes that, in his view, weaken the system—such as reducing penalties for sedition and embezzlement. He also points out that political parties increasingly use legal complaints as a tool, shifting debates from parliament to the courts and turning justice into a partisan weapon.
Independent Spanish media report that the lack of agreement on the renewal of the General Council of the Judiciary has aggravated years-long delays in the Supreme Court's criminal chamber and hindered the filling of key vacancies, raising concerns about the efficiency of the highest court.
Recent events have sharpened the debate. The National Court’s investigation into former Prime Minister José Luis Rodríguez Zapatero for alleged influence peddling in the Plus Ultra airline rescue and the creation of a company in Dubai has brought renewed focus to the line between politics and justice. Cremades insists that the judiciary should remain the most protected branch of government, shielded from political interference and public pressure.
He emphasizes three democratic principles: respect for judicial action, the presumption of innocence, and reliable information. The president of the Supreme Court, Isabel Perelló, has also condemned public attacks on judges as attempts to influence decisions, especially after the Supreme Court suspended voting rights for new citizens under the so-called "grandchildren law." According to Spanish media, Perelló has publicly demanded respect for judicial decisions and denounced any interference from those in positions of authority.
Cremades believes Spain’s legal system is still fundamentally strong, pointing to high-profile cases such as the prosecution of King Juan Carlos’s son-in-law and the current investigation into a former prime minister. He argues that the rule of law applies to everyone, regardless of status or political ties. Alberto Núñez Feijóo, leader of the Partido Popular, has called judicial independence a "fundamental pillar of democracy" and urged that justice be free from political pressure.
Another concern is the role of independent journalism. Cremades calls for stronger legal protections for journalists and editors, including safeguards for their sources and more transparency about who owns media outlets. He compares the need for reliable information in a democracy to the need for accurate data in business—without it, citizens cannot make informed decisions or hold leaders accountable. The Association of Judges Francisco de Vitoria has also called on the General Council of the Judiciary to defend the Supreme Court from criticism by the executive branch, reflecting growing concern within the legal community about protecting judicial independence.
Cremades sees the Spanish Constitution as the foundation of democracy, a document that must be defended and adapted to meet new challenges. He warns that the rights and guarantees people enjoy today are the result of decades of effort, and that complacency could put these freedoms at risk. The current crisis in Spain’s judiciary is more than a legal or political dispute—it is a test of the country’s commitment to justice, transparency, and the rule of law. Without mercy, respect, and constant oversight, even the strongest legal systems can weaken.
