The Spanish Congress has approved a judicial reform agreement reached by the Popular Party (PP) and the Socialist Party (PSOE) aimed at renewing the General Council of the Judiciary (CGPJ). This marks the end of its passage through the Congress, and the next step will be its review in the Senate.
The reform only received support from the two major parties along with Coalición Canaria. In opposition, Vox, Junts, and Podemos voted against it, while Sumar chose to abstain. The same approach was taken by Unión del Pueblo Navarro (UPN) and the PNV, except for one PNV member who accidentally voted in favor.
ERC, Bildu, and BNG decided to abstain from the voting altogether, reflecting their longstanding belief that the reform does not change anything and continues to promote judicial persecution, which they label as ‘lawfare’.
During its journey through the Congress, the PSOE and PP made only minor technical adjustments to the proposal. The Senate is expected to take it into consideration in a plenary session on Wednesday, aiming for final approval on the 31st of the month, following discussions in working groups and committee meetings. It is anticipated that the proposal will undergo no significant changes there either, as the two major parties agreed from the outset to reject any amendments not endorsed by both.
The proposed law includes two articles, along with an additional provision, a transitional element, and a final article. The first article contains thirteen sections addressing various issues, including the requirements for appointing judges to the Supreme Court and regulations related to special services and voluntary leave for judges and magistrates.
To make the appointment process more objective, the reform will extend the time required for members of the judicial career to qualify for Supreme Court judgeship from 15 to 20 years. Additionally, it will necessitate a three-fifths majority of CGPJ members to appoint presidents of Provincial Courts and the Supreme Court judge responsible for matters concerning the National Intelligence Center (CNI), along with their substitutes.
The reform also proposes the establishment of a Qualification Commission within the CGPJ, comprised of five members, tasked with reviewing all appointments that fall under the Plenary’s authority. This aims to ensure a more objective evaluation of the presented candidacies. The law allows for the formation of “other commissions” by the Plenary, which must also be established by a three-fifths majority.
To address the issue of ‘revolving doors,’ the reform restricts judges who run for positions in the European Parliament, Congress, Senate, regional legislative assemblies, or mayorships. Those elected to such positions or who hold a public office at rank or level higher than director general will be declared on voluntary leave and cannot return to active service until two years have passed since their resignation from the post that triggered the leave. Judges appointed to political advisory roles at or below the rank of director general will also be placed in “special services” status.
Regarding the CGPJ, a “system of incompatibilities” has been introduced for those designated as members from the pool of recognized legal experts. Candidates cannot have held a ministerial position, state secretary, or similar roles in the past five years or must not have served in representative public offices in the European Parliament, Congress, Senate, or regional assemblies.
Candidates for eight judicial positions must now appear before the appointing committee in the respective Chamber and present a memorial highlighting their merits and objectives.
The second article of the proposal focuses on amending the Organic Statute of the Public Prosecutor’s Office. It reinforces existing professional criteria while implementing new incompatibilities for the position of attorney general. Those who have held a ministerial or public office within the last five years, including members of the European Parliament or national and regional assemblies, cannot be nominated.
Furthermore, the attorney general is required to refrain from participating in any cases where the established abstention reasons for judges apply. Parties involved in relevant cases may appeal to the attorney’s supervisor, requesting their non-involvement. If the attorney general is involved, parties can petition the deputy attorney at the Supreme Court, with the decision made by the council of attorneys.
Lastly, the reform includes an additional provision instructing the newly appointed CGPJ, expected in July, to generate a report within six months. This report will analyze different European systems for selecting members of judiciary councils similar to Spain’s and propose reforms to the election process for judicial members.
The recommendations from the CGPJ, which the PP hopes will change the current election system while the PSOE insists that the Cortes Generales must not be excluded, will require approval by a three-fifths majority of their members. Furthermore, these recommendations should align with the best European standards to ensure they can receive positive evaluation from the European Commission.
Ultimately, the CGPJ’s proposal will be presented to the government and the Cortes for potential legislative reform, subject to discussion, processing, and approval. Any final decision will depend on Congress and Senate support, requiring at least an absolute majority due to its organic nature.
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