Strike in Courts and Tribunals: Judges and Prosecutors Warn of Strike Action if Government Does Not Withdraw Reforms

Judges and prosecutors staged a ten-minute strike at 12:00 noon on Wednesday at judicial headquarters across the country to demand the withdrawal of two government-driven reforms aimed at changing access to both careers and the structure of the Prosecutor's Office. They argue these reforms seek to weaken the Judiciary's role as a counterbalance to political power. They have warned that if their demands are not met, they do not rule out going on strike.

More than a hundred judges and prosecutors from both the Supreme Court and the National Court, as well as from the anti-drug and anti-corruption prosecutors' offices, gathered at the gates of the Supreme Court. The manifesto was read by Vicente González Mota, a prosecutor from the National Court, and Rosa Frías, an anti-drug prosecutor, representing the Association of Prosecutors.

Among those supporting the strike in the judicial and prosecutorial leadership were the President of the National Court, Juan Manuel Fernández; judges from the same court such as María Tardón, Antonio Piña, José Luis Calama, and Eloy Velasco; Supreme Court judges like Antonio del Moral, Wenceslao Olea, Juan Martínez Moya, and Manuel Almenar; and Supreme Court prosecutors like Javier Huete and the head of Anti-Corruption, Alejandro Luzón.

All of them, some with robes in hand, received support from dozens of people who also gathered in the Villa de París Park to show their support, chanting "brave," "judicial independence," and "freedom." "You are our only hope along with the UCO," they added.

Meanwhile, dressed in their robes at the gates of the Plaza de Castilla Courts, five representatives read the manifesto shortly after their colleagues encouraged them with chants of "judicial independence" and "no justice, no freedom."

Among those attending the call were magistrate Adolfo Carretero, currently investigating former deputy Iñigo Errejón and previously involved in the 'mask case.' Also present, albeit as spectators, were leaders like Marta Castro (Vox) and former member Macarena Olona.

In addition to judges and prosecutors, more than a hundred citizens also attended Plaza de Castilla, waving Spanish flags and protesting with chants like "It's not a government, it's a mafia" or "Castejón family, all to prison." National Police and Civil Guard unions were also there to show their support.

This first group of demonstrators approached the courthouse gates and took the opportunity to call for the resignation of the Prime Minister. When they chanted "Pedro Sánchez, son of a bitch" and "Pedro Sánchez, to prison," the judges and prosecutors in robes withdrew, coinciding with the end of the 10-minute strike after reading the statement.

Representatives from all judges' and prosecutors' associations, except the progressive ones, read a manifesto to their colleagues to explain why they believe it is necessary to halt the legislative initiatives defended by the Ministry of the Presidency, Justice, and Relations with the Courts.

The Professional Association of the Judiciary (APM), the Francisco de Vitoria Judicial Association (AJFV), the Independent Judicial Forum (FJI), the Association of Prosecutors (AF), and the Professional and Independent Association of Prosecutors (APIF) reminded that the Constitution "establishes the rule of law in Spain by sanctioning the rule of law, the separation of powers, and the existence of an independent Judiciary free from political interference as a guarantor of citizens' fundamental rights and freedoms."

And, in line with this, they warned that "this judicial independence, key to discussing a real democracy and true integration into the European Union, is under threat from recent legislative initiatives."

They specifically refer to the bill to modify access to the judicial and prosecutorial careers—which faces its first test in Congress on Thursday—and the draft reform of the Organic Statute of the Public Prosecutor's Office (EOMF). "Both initiatives are what we are reacting against with this strike," they emphasized.

"There is no doubt that these reforms we are discussing, framed among others that have been occurring, are aimed at turning the Judiciary into a lowercase power, a weaker power in its role as a counterbalance to political power, more malleable and sensitive to media and power pressures, in the path of illiberal democracies that, therefore, are not truly so," they warn.

The associations stressed that the reform of access to both careers—"unjustifiably processed as urgent"—"does not respond to any social demand." They also recalled that it "received a very critical technical report from the General Council of the Judiciary (CGPJ)."

"It is a legal reform that will lower the excellence of knowledge in access to the judicial and prosecutorial careers, eliminating essential content for our training and introducing more subjective and leak-prone tests," they pointed out.

They also criticized that the legislative text includes measures, "such as bringing politics into the body that should ensure judges' ethics," and aims to "create a training center for candidates directly dependent on the Government and, therefore, with the risk of ideological selection of future judges and prosecutors in this country."

They also reproach the Executive for "falsely using Europe as an excuse" to modify the foundation of both careers "by turning thirteen hundred substitute judges and prosecutors into judges and prosecutors, without tests to measure their aptitude for it and, consequently, against the constitutional principles of equality, merit, and ability, to the severe detriment of younger promotions and the thousands of candidates sacrificing to achieve their dream of becoming a judge or prosecutor."

In the context of the manifesto, the associations also criticized the drafting of the bill reforming the Prosecutor's Office. "They want to increase the powers of the Attorney General, who, as the head of all prosecutors, including the future investigative prosecutors they want to create, will continue to be appointed by the Government without any prior filter," they state.

And they emphasize that this, "combined with the elimination of guarantees of prosecutors' autonomy, will further increase, contrary to European demands, the risk of political interference in corruption cases."

The signatories also regret that all these reforms are taking place in "an environment of continuous attack on the judiciary and discredit of the Prosecutor's Office, with political statements that delegitimize judicial resolutions that are inconvenient, that treat the Public Prosecutor's Office as an appendage of the Government and that, for all these reasons, undermine citizens' confidence in their Justice, facilitating abuses of power against those same citizens."

When the associations announced their strike call on May 23, the Minister of the Presidency, Justice, and Relations with the Courts, Félix Bolaños, assured the press outside the Senate that the associations' "fears" were "unfounded."