Debate: Threat to rule of law as a consequence of the governmental agreement in Spain
Date: WEDNESDAY, 22 NOVEMBER 2023
Speaker: Didier Reynders
Language: FR

En juillet, la Commission a publié la quatrième édition du rapport, qui comprend une évaluation des recommandations spécifiques adressées à tous les États membres. Nous l’avions fait pour la première fois – émettre des recommandations – en 2022, nous avons donc réalisé une évaluation de leur mise en œuvre dans le rapport de 2023. Je souhaiterais développer nos recommandations relatives à l’état de droit en Espagne et aborder aussi quelques développements récents. In relation to the Spanish justice system the 2023 Rule of Law Report highlights that the situation of the Council for the Judiciary raises serious concerns as, firstly, the council has not been renewed in spite of the urgency and secondly, no steps have been taken to adapt the appointment procedure for its judge members. Moreover, the lack of renewal is having an impact on the work of the Supreme Court and the justice system as a whole, raising concerns in relation to the number of cases adjudicated by the Supreme Court and its length of proceedings. We continue to call on all parties involved to take the actions necessary for the successful implementation of the recommendation made in 2022 and in the 2023 report. The Commission also noted that concerns remain because the term of office of the prosecutor general and of the government coincide. The Commission has reiterated its recommendation to strengthen the statute of the prosecutor general, in particular with respect to avoiding such coincidence of the terms of office. The report also referred to the incompatibilities regime for judges with other professions, such as political appointments. In particular, the lack of cooling-off periods for judges or prosecutors having been members of the executive or legislative powers continues to raise concerns. The same is true for the fact that judges continue to acquire seniority in service while they are in political office. As regards the quality of the Spanish justice system, the report acknowledges progress in several areas. This includes the legal aid framework, an increase of the total number of judges, progress in digitalisation, and the tabling of a draft law on the right of defence. The report also acknowledges that most indicators of the efficiency of justice have improved. This includes the disposition time in civil, commercial and administrative cases in first instance and the clearance rate for civil and commercial cases. The length of proceedings in the Supreme Court remains, however, a challenge. As regards the anti-corruption framework, the report underlines that a reform on criminal procedure to address the length of investigations and prosecutions, and a draft law on lobbying are pending. The report also mentions that the reform of corruption-related offences introduced the offence of illicit enrichment and revised the offence of misappropriation, including by lowering penalties in some instances, which was criticised by stakeholders. Rules on conflict of interests of top executive officials are not sufficiently implemented. In this context, the Commission recommends Spain to strengthen the rules on conflict of interest and asset declarations of persons with top executive functions by reinforcing the sanctioning power of the Office for Conflicts of Interest. As regards media freedom and pluralism, Spain fully implemented the recommendation made in 2022 on ensuring adequate resources for the National Audiovisual Media Regulatory Authority. Work is also ongoing to strengthen access to information. In this context, the Commission continues encouraging Spain to continue the work on the revision of the Law on Official Secrets in order to make access to official information easier for journalists and citizens at large. The report also reflects that the chair of the Management Board of the Public Service Media exercises her functions ad interim since September 2022, and thus so with executive powers further to the modification of the public service media statute. When it comes to checks and balances, concerns have been raised regarding certain procedural practices in Parliament, including the excessive use of emergency procedures. These practices bypass the requirements for public consultation, impact assessment and consultation of the relevant state bodies and may have an adverse impact on the quality of legislation. The report also refers to the efforts that the government is undertaking, with several initiatives aimed at increasing public participation in policy-making. Regarding civil society, the report regrets that negotiations in Parliament did not lead to a reform of the Citizen Security Law, which could have addressed concerns regarding its impact on the civic space. Since the publication of the Rule of Law report in July, a number of developments have been taking place. The Commission is aware of the agreement signed between two political parties in the context of the investiture of the new Spanish Government following the elections of July. We are aware that this agreement provides for the approval of an amnesty law and for special committees of the Parliament. On 8 November, I sent a letter to two Spanish ministers inquiring about the draft amnesty law. In this letter, I also recall the need to prioritise the situation of the Council for the Judiciary, to which I referred previously in my intervention. I have received a reply from Minister Bolaños, in which he expressed his openness to dialogue and readiness to meet with the Commission in order to provide further explanations about the draft law. Following this exchange of letters, the Commission has been officially informed by the Spanish Government that a proposal for an amnesty law has been tabled in the Spanish Congress on 13 November 2023. Over the last two weeks, the Commission has been receiving complaints and letters by a large number of citizens and stakeholders. They expressed concerns on whether the draft law and the special committees of the Parliament comply with the fundamental values of the European Union, as laid down in Article 2 of the Treaty on the European Union, and in particular, the rule of law and the separation of powers, as well as with the relevant provisions of EU criminal law, including on terrorism, corruption and the protection of the financial interests of the Union. Also, many Members in this House have written to the Commission and made use of their right to ask parliamentary questions. The Commission maintains its long-standing position on the issue of Catalonia. This is and remains an internal matter for Spain, which has to be dealt with in line with its constitutional order. As regards the draft amnesty law, the Commission, as guardian of the Treaties, is currently analysing the draft and remains in contact with the Spanish authorities. The Commission will carry out that analysis very carefully, independently and objectively to determine its compliance with EU law, including the fundamental values enshrined in the Treaty. I can assure you that the Commission will remain seized of this matter and will continue following these developments, also, of course, in the context of the preparation of our 2024 Rule of Law Report. The rule of law is what binds us together. Of course, I thank you first for your attention, but I will take with much attention all the remarks that will be possible to listen this afternoon in this House. I am looking forward to listening to your interventions and, of course, maybe to try to react at the end of the debate.