LIBE COMMITTEE DEBATES JUDICIAL INDEPENDENCE AND THE RULE OF LAW IN SPAIN

13 de October de 2025

On Monday, 13 October, the Committee on Civil Liberties, Justice and Home Affairs (LIBE) held an exchange of views on the situation of the Rule of Law and judicial independence in Spain, in the context of the legislative proposal known as the “Bolaños Law”.

The debate featured the participation of:

  • Julien Mousnier, Director for Rule of Law, Fundamental Rights and Democracy (DG JUST, European Commission);
  • Félix Martín González, President of the Progressive Union of Prosecutors;
  • Verónica Ponte, Judge, representative of the Francisco de Vitoria Judicial Association;
  • Antonio Roma Valdés, member of the Executive Committee of the Association of Prosecutors;
  • Pilar Astray Chacón, President of the High Court of Justice of Castilla-La Mancha, representative of the Professional Association of the Judiciary.

During the exchange, participants analysed the implications of the reform proposed by the Spanish Government, presented as a modernisation of the judicial system and the Public Prosecutor’s Office. However, most judicial and prosecutorial associations have publicly expressed concern, warning that certain aspects of the draft legislation could increase the politicisation of the judiciary and weaken mechanisms of independence and internal oversight.

Among the most controversial elements are:

  • the modification of the system for access to the judicial and prosecutorial careers, replacing a merit- and examination-based model with a more discretionary one;
  • the creation of a training centre under government control;
  • the granting of full status to approximately 1,300 substitute judges and prosecutors without examinations;
  • the strengthening of the powers of the Attorney General, appointed by the Executive, by removing internal checks and balances;
  • the proposal to grant the Public Prosecutor’s Office the authority to direct criminal investigations — currently in the hands of investigating judges — without sufficient safeguards for independence.

The participants agreed that judicial independence is an essential pillar of the Rule of Law and that any reform of the system must reinforce it, not weaken it. The aim of the hearing was to give voice to different perspectives within the Spanish judicial and prosecutorial sector in order to fully understand the scope of the reform and its consequences for the separation of powers.

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