Supreme Court President Calls for End to 'Intolerable Pressures' and 'Insults' Against Judges

Isabel Perelló, President of the Supreme Court and the General Council of the Judiciary (CGPJ), expressed her support on Tuesday from Alicante for all the judges of the high court and members of the Judicial Career who endure 'constant disqualifications from those who disagree with their decisions'. She also called on authorities and individuals to restore the respect that the courts and those who serve them deserve.

The inauguration of the XXXIII Conference of Magistrate Judges Deans of Spain, held at the Digital District of Alicante, comes at a time of tension with the looming threat of a strike by judges and prosecutors if judicial career reforms are not withdrawn. A strike called by five associations in front of all the country's judicial headquarters, demanding the withdrawal of the reform of the Judicial Power law and the Organic Statute of the Public Prosecutor's Office.

'I regret that the loss of respect that people and institutions, especially the courts of justice and those who serve them, deserve has reached levels it should never have reached. From here, I want to call on authorities and individuals to recover that respect and demand the cessation of any pressure or interference in judicial work,' highlighted the CGPJ president during the inauguration of the conference.

Judicial resolutions, Perelló added, 'can and should be subject to debate and criticism, as they help us improve, but personal disqualifications and insults to judges, as well as intolerable pressures, are not acceptable as they undermine the exercise of the function that the Constitution itself entrusts to the Judiciary.'

She also reminded that 'the procedural system has sufficient guarantee mechanisms to correct resolutions that, if applicable, contain errors' and that 'any judicial resolution is subject to review, with guarantees of impartiality, by judges other than those who adopted them.'

'Therefore, public statements questioning the actions of specific judges, and even doubting the legitimacy of judicial institutions, are inappropriate for an advanced democratic state, as they undermine citizens' trust,' she warned before emphasizing 'that all public powers, without exception, are obliged to promote confidence in the democratic institutions given to us by the Constitution.'

The President of the Supreme Court and the CGPJ assured that the Council 'is concerned about judicial independence as the structural basis of the Rule of Law'. She also recalled that this body has already spoken on several occasions 'demanding due institutional respect for judicial decisions, regardless of the political interests of each moment', and pointed out that 'systematic disqualification destabilizes citizens' confidence in Justice and is detrimental to democratic society, as these attitudes undermine the separation of powers.'

'In the Council, we are very concerned about attempts to discredit judges. Therefore, we will be vigilant - now more than ever - in fulfilling our constitutional mission, which is none other than the defense of judicial independence.'

After noting that 'we are going through difficult times that bring with them previously unknown problems' and that 'we are all affected by the challenge of facing them', Perelló said that judges are no exception, 'as they must resolve new conflicts submitted to them in the context of permanent tension that seems to have settled in public life.'

'Moreover, some must endure constant disqualifications from those who disagree with their decisions and do not hesitate to judge them, nor to attribute them with deviant purposes for not deciding according to what those who issue these judgments without any guarantees desire,' she added, before expressing her support 'for the members of the Supreme Court and the rest of the Judicial Career who suffer these actions' and once again demanding the due institutional respect, 'which should never have been lost and is essential for our coexistence.'

The President of the Supreme Court and the CGPJ also said that the governing body of judges is aware 'of the concerns about various matters that currently fully affect Justice', which are 'largely' shared by the Council, as reflected in the reports that this body has prepared on certain normative projects submitted for its consideration.

Referring to the content of these projects, she pointed out that 'the legislator has as a limit the respect for the Constitution and cannot deviate from the configuration of the Judiciary as a power surrounded by the guarantees that make it worthy of that name. Nor can the legislator degrade the status of judges or negatively affect aspects that concern substantial or core principles such as independence, merit, and capacity.'

'Make no mistake,' she concluded, 'we will be attentive to the evolution that occurs and, if necessary, to any issue that could imply the slightest hint of undermining your independence or that could affect your working conditions. Both factors concern us and directly impact the service that judges provide to citizens. Every time the capacity of a judge to hear a particular matter is questioned, the functional capacity of the Judiciary is affected and, ultimately, the Rule of Law.'

During the Conference, various proposals on current issues such as the modification of the judicial structure proposed by the Organic Law 1/2025, on measures regarding the efficiency of the Public Justice Service, which among other things involves assigning new functions to the presidencies of the courts of instance, which will be assumed by the deans of judges, will be shared.

'You will therefore play a central role in the organizational structure of these new courts of instance, which logically generates concern if there are no resources for it,' said Perelló, who recalled that the CGPJ has reiterated whenever it has had the opportunity 'that all the changes generated by this law must be accompanied by increases in personnel and budget.'

She also pointed out that the deficit of staff 'is a sustained reality that poses a significant problem', and in response to the Ministry of Justice's announcement of the creation of new positions for the year 2025, 'although without specifying a timetable', she recalled that 'the process of selecting judges and magistrates for their integration, if applicable, into the Judicial Career, corresponds exclusively to the General Council of the Judiciary, which will ensure the strict observance of the principles of merit and capacity and their adequate technical training.'