Debate: Protecting the Rule of Law against impunity in Spain
Date: WEDNESDAY, 18 JANUARY 2023
Speaker: Didier Reynders
Language: FR

En juillet de l’année dernière, la Commission a publié la troisième édition du rapport qui comprend pour la première fois des recommandations spécifiques pour tous les États membres. 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 2022 Rule of Law report highlights that the renewal of the Council for the Judiciary has been pending since the end of 2018. In this context, there have been further calls to modify the appointment system in the Council in line with European standards. In particular, the Commission has recommended to Spain to proceed with the renewal of the Council for the Judiciary as a matter of priority. We also recommend to initiate, immediately after such renewal, a process in view of adapting the appointment of the judge members to take into account European standards. We continue to call on all parties involved to take the necessary actions for the successful implementation of this recommendation.  In relation to the Prosecutor General, the 2022 Rule of Law report refers to legal amendments adopted in Spain, which aim at increasing the transparency of its relations with the government. However, the Commission has noted that concerns remain because the term of office of the Prosecutor General and of the government coincide. The Commission has therefore recommended to strengthen the statutes of the Prosecutor General, in particular with respect to avoiding such coincidence of the terms of office.  As regards the quality of the Spanish justice system, the report acknowledges progress in several areas, such as measures facilitating access to justice for persons with disabilities, the ongoing reform of the Code of Criminal Procedure, and the fact that the digitalisation of justice is progressing. The launch of proceedings remains a challenge in Spain. Work is ongoing on draft laws to enhance the organisational, procedural and digital efficiency of the justice system.  As regards the anti-corruption framework, the report underlines that work is ongoing to adopt a law on the transparency and integrity of interest groups. The Commission has encouraged Spain to continue those efforts, in particular with the establishment of a mandatory public register for lobbyists. We understand that since the publication of the report, a law has been tabled to this end which is currently being discussed in the Spanish Parliament. The report also acknowledges that resources have been increased for the prosecution services.  At the same time, we also highlight that the investigation and prosecution of high-level corruption remains a concern as proceedings continue to be lengthy and complex. The Commission has therefore recommended to Spain to pay specific attention to this challenge. As regards media freedom and pluralism, a law on audiovisual communication was adopted attributing new competences to the audiovisual regulator. In this context, the Commission has recommended to ensure adequate resources for this regulator to enable it to carry out its functions properly.  Work is also ongoing to strengthen access to information. In this context, the Commission has encouraged 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. We understand that, last August, the government presented a first draft of the law on classified information that will replace the law on official secrets, and that this text is now in the phase of consultation with stakeholders.  Moreover, a draft law for the protection of the professional secrecy of journalism was presented last December. The government has also continued the implementation of an agreement aimed at facilitating the work of media professionals. We also noted that journalists are still confronted with some challenges.  Finally, when it comes to checks and balances, the report reflects that several constitutional bodies, including the Ombudsperson, saw their members appointed by the Spanish Parliament. The report also refers to the efforts that the government is undertaking, with several initiatives aimed at increasing public participation in policymaking. Moreover, actions aimed at reinforcing cooperation between the public administration and civil society are being taken.  Moreover, a number of developments have been taking place after the publication of the report. The Commission is aware that a legal proposal was tabled in the Spanish Parliament to modify some aspects of the appointment of members of the Constitutional Court. In this context, interim measures were taken by the Constitutional Court suspending the vote of this proposal in the Senate. We are also aware that in the meantime, in December last year, four new members of the Constitutional Court have been appointed – two by the government and two by the Council for the Judiciary. Those appointments were pending since June 2022. These appointments are important as the functioning of constitutional organs is an essential element of the rule of law.  According to the information available to the Commission, a reform of the Spanish Criminal Code has been approved in Parliament. This reform introduced changes to several crimes, including the crime of embezzlement. The Commission is currently analysing these new provisions to verify the compliance of this reform with EU law, notably as regards the protection of EU financial interests.  The Commission will continue following these developments in the context of the preparation of our 2023 Rule of Law report. I want to insist on the fact that in the 2023 Rule of Law report, we will, of course, assess the implementation of the recommendations and, as said, we have asked as a matter of priority for the renewal of the National Council for the Judiciary, and then to start immediately after the process for a reform. It is an important element that I have myself mentioned during my visit to Spain at the end of September, if I remember well, last year. I’m sure that it is very important to continue to work on it because the top bodies of judiciaries are the most important pieces to organise a real promotion, protection of the rule of law, but to have also a very good perception in the population about the independence of the judiciary. I thank you for your attention. Thanks for the debate and, of course, I am looking forward to listening to your interventions and your remarks.