Strasbourg regrets the blockade of the judiciary in Spain

Spain continues to fail to comply with the periodic recommendations of the Council of Europe on anti-corruption measures and guarantees of the political independence of the judiciary.

Thomas Osborne
Thomas Osborne
05 December 2022 Monday 03:30
17 Reads
Strasbourg regrets the blockade of the judiciary in Spain

Spain continues to fail to comply with the periodic recommendations of the Council of Europe on anti-corruption measures and guarantees of the political independence of the judiciary. Despite some progress in the field of transparency of parliamentarians, a new follow-up report from the Council of Europe Group of States against Corruption (GRECO), made public this Monday in Strasbourg, is highly critical of the Persistent blockade in the renewal of the General Council of the Judiciary (CGPJ)

The document, the fourth evaluation that GRECO has carried out since 2013, underlines that "the system for appointing the CGPJ magistrates and the politicization that seems to permeate in the eyes of the general public continue to be a major problem." The report recalls that the blockade has been going on for four years and that this affects the appointment of high-ranking judges. "This situation is very unsatisfactory and the authorities are invited to take resolute measures in this essential area," it is stated.

The review carried out by GRECO acknowledges that there has been progress to ensure transparency in the relationship between parliamentarians and lobbies, although there is legislative delay and the practical materialization of existing rules is not satisfactory. In theory, deputies and senators should publish their institutional contact list on the chambers' websites, but less than half had done so when the report was prepared.

Regarding the method of selection and duration of the mandate of the State Attorney General, on which improvements were requested, the report estimates that its recommendations have been "partially applied." It is insisted, for example, that the duration of the mandate does not coincide with that of the Government. On the reform of the Criminal Procedure Law, GRECO reaffirms the need to "continue reflection" to introduce "supplementary guarantees" so that prosecutors are safe from any "undue interference"

The report has been directed by the Icelandic Ásthildur Valtýdóttir, as regards parliamentarians, and by Emma Rizzato as regards judicial bodies.

GRECO's pressure on Spain regarding the judiciary and the urgency to put an end to political interference is a long-standing pulse. The last severe reprimand of this instance of the Council of Europe occurred in September 2021. Now it is back on the charge due to the lack of results.

In March of this year there was another very negative report on the prevention of corrupt behavior in the central government, the Civil Guard and the National Police. GRECO's analysis revealed important gaps, of an ethical nature, in matters such as the hiring of advisers and the declaration of assets of public officials.