The departure of the EU Commissioner for Justice, Didier Reynders, who had been acting as a mediator between the Spanish Socialist Party (PSOE) and the Popular Party (PP) since December to try to unblock the renewal of the General Council of the Judiciary (CGPJ), whose mandate expired five years ago, has dampened hopes of reaching an agreement before the summer and has increased concerns among the judiciary. The main judges’ associations have issued statements in recent days urging for “immediate” renewal and warning of the consequences of this situation, which not only affects the ordinary functioning of the CGPJ, but has long been noticeable in the day-to-day operations of the courts, especially the Supreme Court, and is deteriorating the image that citizens have of the justice system.
The effects of the CGPJ blockade, according to consulted judges, are difficult to quantify, but they permeate everything. CGPJ members argue that they continue to do their usual work, ensuring that the courts function normally, but judges complain that, while in acting capacity, the Council does not address long-term plans that could help combat problems that have increased in the last five years, such as the rise in litigation, or take measures in anticipation of upcoming retirements (30% of the judiciary will turn 70 in the next decade). “The feeling is that nothing is being done to assist the basic justice system,” laments Sergio Oliva, spokesperson for the Francisco de Vitoria Judicial Association (AJFV), the second most representative and moderate-leaning association.
These deficiencies that judges are complaining about ultimately affect citizens, who have to wait longer for their cases to be resolved. According to Council data, the average duration of proceedings has doubled in the last decade in some bodies, from the lower courts responsible for criminal proceedings to several chambers of the Supreme Court, which is responsible for ensuring uniform application of the laws. The Supreme Court is the organ most directly affected by the Council’s interim status, as a legal reform passed in 2021 prohibits the CGPJ, when in interim status, from making discretionary appointments, which is how the presidents of the National Court, regional high courts, provincial courts, and all Supreme Court judges are selected.
The worst contribution to this image of deterioration that the judges lament comes from the Council itself, an organ depleted in its composition, which has been turned into a tool by a group of eight conservative members to oppose the government of Pedro Sánchez. This block has gained strength after successive departures of members and will do so again when Vicente Guilarte, the current acting president, confirms his resignation, announced for July if there is no agreement between the PSOE and the PP. Guilarte, a conservative lawyer and jurist, has faced difficulties in his position and his departure is feared to increase the power of the conservative core against the government.
The blockage of the CGPJ is causing a general feeling of discouragement among judges, affecting their career prospects and the perception of citizens about the independence of the judiciary. The situation not only impacts the daily operations of the courts but also the morale of the judiciary. The inability to renew the Council is creating a sense of frustration and disillusionment among judges, leading to a decline in the public’s trust in the justice system. The ongoing political deadlock is fueling concerns about potential political interference in the judiciary, further eroding the image of justice and the rule of law in the country. The urgency to find a solution to this impasse is crucial to uphold the principles of judicial independence and ensure the effective functioning of the legal system for the benefit of all citizens.
