Two prominent judicial associations, the Francisco de Vitoria Judicial Association (AJFV) and the Independent Judicial Forum (FJI), have issued a joint statement expressing serious concerns over a proposed legal reform in Spain that could significantly restrict the role of popular prosecution.

This development follows the introduction of a bill by the ruling PSOE party in the Spanish Congress, which aims to curtail the involvement of popular prosecution in criminal procedures, especially during the investigation phase.

The joint communiqué from the AJFV and FJI emphasizes that such restrictions pose a risk that certain actions could bypass judicial scrutiny.

They warn that such changes could create 'spaces of impunity' and allow the government—regardless of political affiliation—to evade the judicial oversight essential for ensuring accountability in governmental actions.

The judicial associations highlight their unified opposition to this reform, emphasizing that it undermines the necessary judicial independence and compromises the broader societal interest in maintaining a robust rule of law.

Given that the bill is an Organic Law Proposition presented by the governing party holding a majority, there are also concerns about circumventing advisory bodies during its legislative process.

As part of their response, the AJFV and FJI have called for urgent meetings with justice spokespersons from various parliamentary groups to convey the ‘severe consequences’ of this proposed law for Spain’s legal framework.

The associations argue that addressing social stigma toward individuals under judicial investigation, or reducing "courtroom penalty," should involve equipping judicial bodies with adequate resources to expedite legal proceedings rather than restricting access to judicial protection or the judiciary's knowledge of potentially criminal acts.

Furthermore, they assert that preventing professional judicial associations from exercising popular prosecution would unjustifiably limit their role in defending judicial independence and upholding professional rights within the judiciary.

Popular prosecution is enshrined in Article 125 of the Spanish Constitution as a citizen’s right, allowing the formulation of independent accusations distinct from the public prosecutor's office or the direct victims of criminal conduct.

This constitutional provision underscores its importance as a check on power, ensuring an additional layer of accountability in the judicial process.

The ongoing debate over this legal reform raises fundamental questions about the balance between judicial efficiency, individual rights, and the overarching necessity of an impartial and independent judiciary in safeguarding democratic principles.