The European Parliament increases pressure against Spain to depoliticize Justice and not amnesty embezzlers

European pressure for Spain to depoliticize its judiciary continues to increase. After the Commissioner of Justice, Didier Reynders, warned of the consequences that could result from the blockade of the CGPJ and the laxity in the face of the misappropriation of public funds in the process, it is now the Legal Affairs Committee of the European Parliament that has stepped the accelerator for Spain to react. This organization sent its draft annual report on the Rule of Law to all its members yesterday, and the document, which EL MUNDO has accessed, contains three very clear warnings against the Government of Pedro Sánchez.

The first is an appeal to provide greater independence to the CGPJ, with a legal reform so that at least half of its members are elected by the judges themselves.. The second is the request that revolving doors from politics to Justice be prohibited from now on.. The third is a call not to reduce in any case the penalties for the crime of embezzlement (nor to eliminate them, as in an amnesty), and even to rectify those that have already been done.. In fact, the report asks the European Commission to put more pressure on those who “reduce the levels of protection” against this form of corruption of public funds.. It is a veiled reference to Spain.

The rapporteur of the report is the Spanish MEP Adrián Vázquez, leader of Ciudadanos, who chairs this parliamentary commission known as JURI. The document that has been prepared may receive amendments from the groups in the European Parliament, but the original text is usually not modified.. A priori, the European PP and the liberals of Renew would support it, and it is likely that it would also have support from the Conservatives and Reformists (the group that includes Vox), with the Hungarian and Polish parliamentarians in the air (it can be clearly stated by alluded to).

Furthermore, socialists in some countries – for example, Germany – share the theses of the report, JURI sources emphasize.. When approved, this document will push in the direction that the Commission has already taken. It will not be binding, but it will give reasons to Reynders, who has already privately conveyed that he completely aligns himself with these postulates, according to the same sources.. Even more so, if they finally obtained the endorsement of the European Parliament.

The document is very clear in requesting that the CGPJ election model be changed, as it highlights “the importance of independent judicial councils, which must be composed mainly of judges elected by their peers and have substantial authority over the selection procedures.” , promotion and discipline of judges.

Furthermore, the text outlines that Parliament “deeply regrets that not all Member States have fully complied with their obligations in this regard”, and urges the European Commission “to be more demanding in the implementation of these crucial reforms in cases where that Member States' systems do not meet the prescribed standards.

Vázquez, who is also general secretary of Ciudadanos, brings up in the document the case of Dolores Delgado, appointed attorney general of the State immediately after leaving the position of Minister of Justice: «The European Parliament emphasizes, in particular, that the problem of revolving doors is not limited solely to concerns about former ministers moving to the private sector after their tenure in the public sector, but extends to situations where individuals may assume critical roles within the judiciary or prosecutor's office immediately after of their service as ministers or affiliation to a political party.

For this reason, the report «urges the Commission to take these types of cases into account in its next reports on the rule of law within the EU; urges the Commission to firmly demand that Member States refrain from these practices, specifically by implementing legal provisions that proactively prevent former ministers and senior political officials from assuming leadership positions in high courts of justice or the prosecutor's office, thus safeguarding the independence and integrity of these key institutions.

An important key will be what amendments the Spanish socialist MEPs present regarding these three recommendations. And what do they vote for next?. Above all, because in the last (failed) negotiations to try to unblock the CGPJ, the PSOE already promised to eliminate the revolving doors, for example.

In relation to the recent reform of the crime of embezzlement, which reduced penalties as part of the pact between the PSOE and its independence partners, the European Parliament report will urge the Commission to, “in cases in which it is found that reduced the levels of protection of public funds, immediately contact the Member State or Member States affected, requesting the immediate implementation of the necessary measures to rectify this situation.

In this sense, Brussels has already warned this month that there are “certain limits” when it comes to approving an amnesty, and that it will be very attentive to the impact that the rule would have, especially with regard to crimes of embezzlement.. Likewise, Reynders warns that the EU “will act” if it observes any “regression” in the principle of separation of powers.

These are the three points relating to Spain, but the report is much more extensive. It must be remembered that each year the Commission prepares a report in which it gauges the rule of law in each of the member countries, especially with regard to judicial independence, the separation of powers or the mechanisms for guaranteeing rights and freedoms. that have been deteriorated.

Although all countries present areas for improvement, some such as Hungary or Poland have been warned on successive occasions for their judicial policies.. In the case of Spain, Brussels has been drawing attention to the lack of renewal of the CGPJ and the absence of a legislative reform to guarantee that the majority of its members are appointed by and among the judges themselves, and not by political parties, as happens until now.