A country's development depends largely on how well its justice system works, as it ensures that the constitutional rules of the game are respected. But what happens when those meant to uphold the rules are the first to break them? In Spain, over 240,000 people enjoy special jurisdiction, and most of those privileges were not created by the Constitution.
The rules of the game
Put simply, the justice system makes sure the rules are followed, and those rules are written in the Constitution. The transparency of the judiciary and the rigour with which it applies the law determine the trust of citizens and businesses, legal certainty and, ultimately, a country's prosperity. That is why the quality of justice is not a matter for lawyers alone: it affects us all.
The most basic rule of all is found in Article 14 of the Spanish Constitution:
"Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance."
An exception turned into the rule
The Constitution itself allows a few exceptions to that principle, but very few. It expressly provides for special jurisdiction (aforamiento) in only two cases:
- The Prime Minister and the other members of the Government (Article 102).
- Members of the Congress and the Senate (Article 71.3).
Everything else comes from later legislation. And the most striking fact is that most of the additional privileges appear in the Organic Law on the Judiciary: in other words, those who must ensure compliance with constitutional rules are the first to bypass them. Among others, the following enjoy special jurisdiction:
- Before the Supreme Court (Article 57 of the Organic Law on the Judiciary): the presidents of the Congress and the Senate, of the Supreme Court and of the General Council of the Judiciary; the members of that Council; the judges of the Constitutional Court and of the Supreme Court; the presidents of the National High Court and of the regional High Courts of Justice; the Attorney General; the president and members of the Court of Audit and of the Council of State, and the Ombudsman.
- Before the regional High Courts of Justice (Article 73 of that law and the Statutes of Autonomy): regional presidents, ministers and members of parliament, as well as judges, magistrates and prosecutors for offences committed in the exercise of their office.
- The State Security Forces also benefit from special procedural rules (Article 8 of Organic Law 2/1986).
If the origin and persistence of such a figure had to be explained in one sentence, it would be this: nobody complains.
Impunity for malpractice
There are many organisations similar to ours that denounce judicial corruption. That power corrupts is nothing new in the human condition. What is truly alarming is the impunity surrounding what we might call professional malpractice, which so many citizens say they have suffered:
- Judgments with internally inconsistent reasoning.
- Judgments that fail to address what was actually requested.
- Decisions lacking sufficient reasoning.
- Alleged bias in the allocation of cases.
- Anonymous prosecutors' reports, with no identifiable signature.
- Alleged falsehoods in judicial decisions that are never investigated.
If any other professional engaged in any of these practices, there would be consequences. When it is done by someone with special jurisdiction who is tried by their own superiors, there rarely are.
No power that judges itself can be impartial.
Three branches, one problem
This impunity is rooted in special jurisdiction, and it is not exclusive to the judiciary. The legislature created it and has never truly reduced it; the executive benefits from it and does not push for its abolition; the judiciary enjoys it and decides on its scope. Three branches that should keep watch over each other share the same privilege.
That is why abolishing these privileges is our association's very reason for being. In our view they are a serious breach of the Constitution, and challenging them was our first action as soon as we were legally constituted.
Join the demand
A reliable justice system is not a luxury but a precondition for democracy and prosperity. We demand the abolition of all special jurisdiction not provided for in the Constitution, starting with that of judges and prosecutors, and real accountability mechanisms for every branch of power. If you would like to see the documentation supporting these complaints or join our fight, write to us through our contact form.