The MEP of Citizens and vVice President of the Committee on Civil Liberties, Justice and the Interior, Maite Pagazaurtundúa, has been addressed by letter to EU Justice Commissioner, Didier Reynders, to warn you that “the minority partner of the current Government Spanish and its allies frequently proclaim delegitimization policies towards institutions such as the Monarchy, Justice, the Armed Forces, the Police and the press”.
In the letter, to which he has had access The Newspaper of Spain, He is asked to “open the angle” to include these manifestations and possible reforms planned by the Executive of Pedro Sánchez in matters of Justice in his next rule of law report in the EU.
The letter recalls that, in its latest Annual Report on the Rule of Law (2021 Rule of Law Report, European Commission), the European Commission points out that political attacks on the judiciary and repeated attempts to undermine the reputation of judges can produce a negative impact, in particular, on the public trust in the Power of attorney.
Weak points of the Spanish Justice
At this point, the MEP alludes to the fact that in Spain there are “several weak points that affect Justice”, including the promotion system for judges and prosecutors At certain levels, the intervention of politicians in the appointment of the members of the General Council of the Judiciary (CGPJ) and the autonomy of the Public Prosecutor’s Office. Added to this, “for two years, the introduction of a delegitimizing rhetoric of justice and judges from the executive power”.
According to Pagazaurtundúa, even though they hold positions in the highest institutions, “the work of the judges and its independence are sometimes questioned when judicial decisions oppose their designs, hinder their strategies or, simply, they are not to your liking“.
Regarding this reality, the MEP adds that “the minority partner of the government United We Can and several parliamentary partners of the Government have also participated in events held to criticize certain police and judicial actions, generating a “climate of opinion in which it is admissible to launch accusations in which the judicial system as a whole is attributed a political role contrary to democratic principles, deeply damaging trust in institutions and the rule of law”.
Faced with this situation, where according to Pagazaurtundúa “the calls to disobedience, open criticism of institutions, Justice and even the foundations of the rule of law” it is extremely important that the European Comission take an interest in the substance of the situation and keep watch about the drifts that can occur and end up in systemic damage to the rule of law.
Legislative reforms
The letter also mentions that the Spanish Government has led a series of legislative reforms that would represent a attack on the independence of judges and the separation of powers, and this without prior consultation with the interested parties, especially the CGPJ.
Among them, he cites the ‘shortcut’ that the Government is studying to guarantee that the Council of Ministers can appoint next June the two magistrates of the Constitutional Court (TC) that corresponds to appoint by law, regardless of the situation of the CGPJ, as reported The Newspaper of Spain. “It would therefore be a question of modifying the Organic Law of the Judicial Power (LOPJ) to specifically allow the government to move alone,” he adds.
PARDONS
He also tells Reynders that “the government used the prerogative of pardon for nine political leaders convicted by the Supreme Court for events against the Constitution that took place in Catalonia on October 1, 2017 sentenced to between 9 and 13 years in prison”, and this, despite the contrary opinions of the Legal Prosecutor’s Office and the Supreme Court.
It also informs you that the President of the Supreme Court and the General Council of the Judiciary (CGPJ), Carlos Lesmes, was forced to draw attention to the statements made by the President of the Government in which he described the pardons as ‘harmony and understanding facing ‘revenge or revenge of convictions after a fair trial for serious crimes. “Lesmes stated that using the word “revenge” linked to court rulings is as if the action of Justice in applying the law (…) were an obstacle to coexistence or were due to reasons other than those provided for in the regulations” , remember.