Spanish Judicial Council Does Not Penalize Judges for Offensive Remarks About Politicians

The Spanish General Council of the Judiciary (CGPJ) decided to archive disciplinary proceedings against two judges who harshly criticized government members in public statements. Judge Eloy Velasco called Equality Minister Irene Montero a 'cashier' during a conference, which was deemed sexist and offensive. Meanwhile, Judge Ricardo González on platform X referred to Prime Minister Pedro Sánchez as a 'coup plotter' and used the offensive neologism 'Barbigoña' against his wife, Begoña Gómez, alluding to a corruption scandal. Requests to penalize both judges were submitted by civic organizations and some legal circles, arguing that such statements violate the principle of dignity and restraint required from members of the judiciary. However, after reviewing the case, the Judicial Council ruled that the statements, although inappropriate, fell within the constitutional boundaries of freedom of expression. An official statement emphasized that judges, as citizens, have the right to express opinions, and criticism of politicians, even harsh, does not in itself constitute a disciplinary offense, as long as it does not undermine the impartiality of the courts in specific cases. „Las declaraciones, aunque duras y potencialmente lesivas de los estándares de contención, no traspasaron los límites de la protección de la libertad de expresión garantizada a los jueces por la Constitución.” (The statements, although harsh and potentially damaging to standards of restraint, did not cross the limits of the protection of freedom of expression guaranteed to judges by the Constitution.) — CGPJ Statement The Council's decision follows the stance taken a day earlier by the Public Prosecutor's Office, which also refused to initiate proceedings in this matter. Thus, the case has been definitively closed at the institutional level. Political reactions were divided. The ruling PSOE party and the left-wing coalition Unidas Podemos expressed deep disappointment and accused the Council of double standards. In contrast, the conservative opposition and some legal circles supported the decision, seeing it as a defense of judicial independence and judges' freedom from political pressure. The Spanish judicial system has been an arena for political disputes between the government and the opposition for years, mainly regarding the composition and method of selecting the General Council of the Judiciary. The 1978 Constitution entrusts the Council with a key role in managing the judiciary, but its appointment by parliament leads to accusations of politicization. In 2021, the European Union called on Spain to reform the system for selecting Council members to ensure greater independence.

Perspektywy mediów: Left-wing media and the ruling party portray the decision as proof of the politicization of the judiciary and double standards that protect judges with conservative views. Right-wing media and the opposition see the decision as a defense of free speech and judicial independence from political attacks by the government.