Spain's judicial council warns government over attacks on courts after PSOE-linked investigations

The CGPJ's declaration

Spain's General Council of the Judiciary (CGPJ) approved an institutional declaration on Tuesday expressing its "preoccupation" with statements from "qualified leaders of high state institutions" that question the independence, responsibility and submission to the law of specific judicial actions. The declaration, backed by seven members and CGPJ president Isabel Perelló, warns that such statements contribute to "eroding citizens' trust in the rule of law."

Respect that is not compatible with disqualification or the attribution to the jurisdictional function of aims alien to the guarantee of the rule of law and the freedoms of the citizen.

The CGPJ did not explicitly name any government member, but the declaration comes in response to a series of statements from the executive and the PSOE following recent judicial actions.

The investigations triggering the clash

Two main judicial developments have agitated the political landscape. Ten days ago, former prime minister José Luis Rodríguez Zapatero was placed under investigation in the Plus Ultra case. Days later, the Central Operative Unit (UCO) of the Guardia Civil searched the PSOE headquarters on Ferraz street as part of an investigation into alleged activities by Santos Cerdán and Leire Díez, described in some media as the party's "sewers" operation aimed at obstructing criminal proceedings.

Government and party reactions

The most forceful reaction came from Transport Minister Óscar Puente, who stated that there is an attempt to "bring down a government using non-democratic methods." PSOE spokesperson Montse Mínguez spoke of a "lynching of anyone who carries a socialist party card" and questioned the speed of investigations affecting socialists compared to those involving the PP, asking: "Is it coincidence or causality?"

There are clear interests to bring down a government with methods that are not at all democratic.

Government spokesperson Elma Saiz defended the executive's statements on Tuesday, framing them within "freedom of expression." She argued it is "perfectly compatible" to criticise or disagree with certain rulings while maintaining "full confidence in the justice system." Moncloa sources insist they do not believe in "coincidences" and point to alleged leaks to the opposition, citing that the PP knew in advance about the UCO search at Ferraz.

Judges and prosecutors react to the CGPJ

Not all judicial associations found the CGPJ's statement sufficient. All associations of judges and prosecutors, except the two progressive-leaning ones, expressed their "unease" at the "lack of forcefulness" and the "silence of the CGPJ" regarding an alleged campaign from the PSOE leadership under Santos Cerdán to "investigate" the judge handling the case against the prime minister's brother. They also lamented the absence of reaction from the State Attorney General's Office, Teresa Peramato, accusing it of "ignoring its legal duty to defend judicial independence."

A recurring tension

This is not the first institutional clash of its kind during a legislature in which both government members and their parliamentary allies have repeatedly resorted to accusations of lawfare. The CGPJ and its president Isabel Perelló have issued similar reactions before. The council's statement concludes that "an environment of this nature weakens the foundations of an advanced democratic society and questions the foundations of the rule of law by instrumentalising judicial activity."