Spain's Supreme Court faces a impressive reshuffle, as vacancies in its Criminal and Administrative Chambers fuel political maneuvering. The General Council of the Judiciary (CGPJ) has received dozens of applications for these influential posts, but negotiations remain frozen until after the summer break, information from sources cited by EL PAÍS. Under Article 326 of Spain’s Organic Law of the Judiciary and Regulation 1/2010, the CGPJ has exclusive authority over discretionary judicial appointments, including senior Supreme Court posts.
The Criminal Chamber (Sala de lo Penal) is awaiting four new magistrates, including one seat that has been vacant for more than three years. The Administrative Chamber (Sala de lo Contencioso-Administrativo) has two openings, one of them the presidency. The stakes are impressive: the Criminal Chamber investigates and, when necessary, tries government members and top officials; the Administrative Chamber reviews executive decisions. Every move draws close scrutiny, prolonging often contentious talks within the CGPJ. Under the appointment procedure, candidates present their curriculum and merits to the Qualification Commission. It submits a shortlist to the full council, or Pleno, for a final decision.
Among the 42 candidates for the Criminal Chamber are prominent figures including Enrique López, a former Madrid regional minister and Constitutional Court magistrate, and José Ricardo de Prada, known for his role in the Gürtel case verdict that triggered a no-confidence motion against Mariano Rajoy's government. Both are magistrates at the Audiencia Nacional. Other impressive applicants include Eloy Velasco, the first judge in the Púnica case. Rosario Esteban Meilán presides over the section handling appeals in the Begoña Gómez case, while Samantha Romero led the Nóos trial.
Fifteen jurists are vying for the seat vacated by Miguel Colmenero. Among them, Silvina Bacigalupo, a criminal law professor and former PSOE advisor, stands out. Her candidacy has become a flashpoint: the CGPJ's conservative bloc is reportedly refusing to support her, seeing her as the progressive wing and current government's preferred choice. Progressives, meanwhile, accuse conservatives of seeking to install another right-leaning magistrate. Both sides acknowledge that substantive negotiations will resume only after the additional three vacancies are formally opened, giving them more room to compromise.
Fourteen candidates are in the running for the Administrative Chamber, including Nuria Díaz Abad, a former State Attorney and member of the previous conservative CGPJ bloc. The basic contest, but, is for the presidency, which Pablo Lucas is set to vacate upon his mandatory retirement at age 72. Lucas took over after César Tolosa's appointment to the Constitutional Court. Last year, he was confirmed as president after a tight contest between the CGPJ's progressive and conservative factions. Still mindful of that defeat, the progressive camp is determined to gain influence and improve female representation. Women account for only 11 of the Administrative Chamber's 34 magistrates and three of the Criminal Chamber's 15.
Eduardo Calvo and Ángeles Huet, both progressives, are contesting the Administrative Chamber presidency alongside Esperanza Córdoba, who represents the conservative side. The progressive bloc is expected to back Huet, while conservatives are likely to support Córdoba. Pilar Teso, a frequent candidate for senior judicial posts, is notably absent. She withdrew after earlier unsuccessful bids and remains a target of conservative vetoes.
The CGPJ is evenly split between progressive and conservative members, and any appointment requires at least 13 votes across the blocs. That threshold means a candidate needs support from across the council’s political groupings to secure appointment. Informal talks may take place in the coming weeks, but both sides agree that substantive negotiations will begin only with the new judicial year in September, alongside the Supreme Court's traditional opening. Some insiders say October may be the earliest realistic window for resolving the appointments, now one of the CGPJ's most pressing challenges midway through its mandate.
The statutory structure gives the council discretion, while requiring it to apply established criteria and explain its decisions. In a later ruling, STS 1070/2026, the Supreme Court upheld Rivera Frade's appointment to the Administrative Chamber for a vacancy created by the retirement of Del Riego Valledor. The CGPJ Pleno had approved the process to fill that post on 15 January 2025. The judgment said a discretionary appointment’s reasoning is assessed for internal consistency, not length. It also applied an evaluation hierarchy that put jurisdictional excellence ahead of academic credentials such as a doctorate. The ruling offers a benchmark for reviewing appointment decisions, but does not determine the outcome of the vacancies now being contested.
The appointment standoff comes amid continued tension in Spain's legal and political field. The unresolved status of Carles Puigdemont's arrest order continues to draw attention. The final decision rests with the Constitutional Court, not European judges, as detailed in recent coverage of the ongoing amnesty law debate.
The appointments are unfolding alongside broader efforts to manage judicial staffing and career progression. The CGPJ’s strategic planning includes a human-resources plan for the judicial career covering 2026 to 2035, alongside ongoing specialization procedures in the contentious-administrative jurisdiction. Spain's Supreme Court is the nation's highest judicial authority, and its composition directly affects oversight of government actions and the interpretation of basic laws. The current impasse reflects the wider struggle over judicial independence and the balance of power between Spain's political factions. As autumn approaches, the negotiations will shape the court's direction for years to come.
