The Spanish judicial system is on the verge of waking up from a nightmare that has lasted five and a half years. The resistance of the PP, with all kinds of excuses, to facilitate the renewal of the General Council of the Judiciary (CGPJ) has subjected the body to an unprecedented crisis. The government pushed for a legal reform in 2021 to veto the appointment of judicial positions to a General Council of the Judiciary with an expired mandate, resulting in 94 senior positions remaining unfilled in Courts of Justice, Provincial Courts, and the Supreme Court, where over 25% of the magistrates have retired or passed away without being replaced.
The main milestones of the worst situation the General Council of the Judiciary has faced since its creation in 1980 include the legal reform of 2021 to veto judicial appointments. In March 2021, with two and a half years of blockage in the Judiciary, the government pushed for a legal reform to prevent judicial appointments when the CGPJ’s mandate had expired, as was the case at the time. The blockage did not lead to a change in the PP’s stance, leading to further chaos in the judiciary due to lack of resources. The Supreme Court found itself with almost a third of its positions vacant, with other high courts also facing numerous vacancies.
Broken agreements with various excuses have characterized the drawn-out process of renewing the Judiciary Council. The agreement reached in 2013, with a certain allocation of conservative and opposition members in the Council, has seen its mandate extended, causing a strain on the Spanish justice system. The annual cost of the blockage was estimated at 12.5 million euros, with a backlog of cases accumulating in the Supreme Court for each year without renewal. Several attempts to reach an agreement were thwarted, including one in 2018 when the PP allegedly tried to control the Supreme Court’s Penal Chamber through a controversial appointment.
The resignation of Carlos Lesmes as president of the Judiciary and the Supreme Court in October 2022 was an attempt to break the deadlock in negotiations between the PP and the PSOE. However, the renewal once again failed at the last moment. Spain has endured five years of stagnant justice, with the renewal of the CGPJ delayed due to various electoral cycles. After six elections within a year, a long-awaited agreement between the PSOE and the PP has finally been reached, with the mediation of the European Commission. This agreement brings hope for an end to the judicial crisis that has gripped Spain for too long.
As Spain moves forward from this tumultuous period, the implications of the judicial impasse have been felt most acutely in the day-to-day functioning of the justice system. The backlog of cases, vacancies in key judicial positions, and the lack of resources have all had a detrimental impact on the efficiency and effectiveness of the judiciary. With the CGPJ renewal finally on the horizon, there is optimism that stability and functionality will be restored to the Spanish judicial system. The resolution of this long-standing crisis marks a turning point for Spain’s rule of law and judicial independence, paving the way for a more stable and effective justice system in the future.
