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Friday, Jun 13, 2025

Spanish Supreme Court Leadership Expresses Concerns Over Judicial Access Reform

The Supreme Court's governing body unanimously criticizes proposed changes to judicial access and calls for improved resources instead.
The governing body of the Spanish Supreme Court has officially expressed its "concern" regarding a legal reform proposed by the government that aims to modify the access procedures for the judiciary.

In a unanimous resolution, the Sala de Gobierno, which includes the President of the Supreme Court, the heads of its five chambers, and five magistrates elected by their peers, criticized the government for pursuing a reform that alters the entrance examinations and establishes an extraordinary process to stabilize substitute judges, rather than addressing the shortage of resources that the judiciary claims to face.

The document states, "Access to the judiciary does not require special reforms but rather supportive measures, such as scholarships, to prepare for the selection process."

This announcement from the Sala de Gobierno comes less than 24 hours before a 10-minute strike called for Tuesday by all associations of judges and prosecutors, except for progressive groups, opposing two government-linked reforms concerning the justice system.

These include amendments to the Organic Law of the Judiciary (LOPJ), which involves changes to access to both judicial careers, and a proposal from the Ministry of Public Affairs that empowers prosecutors to lead criminal investigations.

The leadership of the Supreme Court echoes earlier statements made by its President, Isabel Perelló, during a judges' appointment ceremony in January, asserting that the current model for accessing the judiciary ensures objectivity and transparency in assessing suitability and professional competence for exercising judicial authority.

The resolution, signed by all members of the governing body, recognizes the "concern" within judicial circles regarding the proposed legal reform, stating, "The widespread unease created by this reform cannot be indifferent to the Supreme Court, as it relates to the conditions of exercising the power to judge and enforce judgments, which the court is ultimately called upon to pronounce."

The signed document will be forwarded to the General Council of the Judiciary (CGPJ), with a request that it be sent to the government and the legislative assemblies.

While the Supreme Court's leadership agrees with the need to increase the number of judges, it disagrees with the proposed methods.

The resolution emphasizes that the necessary sustained creation of judicial positions must adhere to strict selection criteria, based on merit and capacity under equal conditions, as established through longstanding practices.

The Supreme Court has also rebuked the government for not addressing its repeated calls for enhanced remuneration for its legal professionals and for neglecting other "efficient measures" to address the significant deficiencies and shortcomings faced by the judiciary.

These range from fundamental issues, including the maintenance of its headquarters, to the provision of advanced and effective technological resources.

The resolution points out that these concerns, previously highlighted, remain unaddressed amid a context of innovation where the only anticipated development is the creation of a common processing service, which will be staffed with positions that are worse remunerated than those in courts, hearings, and higher courts administered by the Autonomous Communities.
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