In its 2022 and 2023 Rule of Law Report for Spain, the Commission had made the following recommendation:
"Proceed with the renewal of the Council for the Judiciary as a matter of priority and initiate, immediately after the renewal, a process in view of adapting the appointment of its judges-members, taking into account European standards on Councils for the Judiciary."
According to Art. 122(3) of the Spanish Constitution, the Council of the Judiciary consists of the President of the Supreme Court (chairing) and of 20 individuals – 12 judges or magistrates, and 8 lawyers or other jurists of recognised competence with more than fifteen years of professional practice. The Parliament is responsible for the appointment of all its members which is subject to a qualified majority of three fifths.
Since 2018, it has not been possible to find agreement on the renewal of the Council of the Judiciary. The present situation is causing serious problems to the administration of justice in Spain:
- The Council of the Judiciary's mandate expired 5 years ago. This means that its members have effectively served for 2 consecutive mandates.
- The lack of renewal of the Council of the Judiciary is negatively affecting the work of the Supreme Court and the justice system as a whole.
The last attempt to reach an agreement between the two main political parties failed in October 2022. There are now public declarations that the two main political parties are willing to engage again in negotiations and both would agree that the Commission supervises the process.
Against this background, the Commission is ready to play its role to ensure compliance with EU law. Its work will be based on the recommendations made in its 2022 and 2023 Rule of Law Reports.
For that purpose, the Commission, under the responsibility of Commissioner Reynders, will pursue a structured dialogue on the implementation of the recommendation in the 2022 and 2023 Rule of Law Reports for Spain. This structured dialogue should aim at solving a long-standing issue and ensure the implementation of the two limbs of the recommendation of the Commission. The first meeting should take place as soon as possible and this dialogue should not exceed two months.
