EU proposes discussion on rule of law implementation in Spain

In its report on the rule of law in Spain for 2022 and 2023, the European Commission made the following recommendations:

“We will proceed with the renewal of the Judicial Council as a priority and will start immediately after the renewal the process for adapting the appointment of judicial members to take into account the European standards for the Judicial Council.”

According to Art. Pursuant to Article 122(3) of the Spanish Constitution, the Judicial Council shall consist of the President of the Supreme Court (President) and 12 judges or magistrates and her eight members of recognized competence with at least 15 years of professional experience. It is composed of 20 members who are lawyers or other legal scholars. Professional medical care. Parliament is responsible for the appointment of all members and requires a qualified majority of three-fifths.

Since 2018, it has not been possible to find an agreement on the renewal of the Judicial Council. The current situation poses serious problems for the administration of justice in Spain.

• The Judicial Council’s mandate expired five years ago. This means that the member effectively served two consecutive tours of duty.
• The non-renewal of the Judicial Council has a negative impact on the work of the Supreme Court and the judicial system as a whole.

The last attempt to reach an agreement between the two major parties failed in October 2022. There have now been public declarations that the two major parties intend to come back to negotiations, and that both parties agree that a commission will oversee the process.

Against this background, the European Commission is ready to play its role in ensuring compliance with EU law. The work will build on recommendations made in the 2022 and 2023 Rule of Law Reports.

To this end, the Commission, under the responsibility of Commissioner Lenders, will pursue a structured dialogue on the implementation of the recommendations of Spain’s 2022 and 2023 rule of law reports. This structured dialogue should aim to resolve long-standing issues and ensure implementation of the second part of the Commission’s Recommendation. The first meeting should be held as soon as possible, and this dialogue should not last more than two months.