The image of a country is the reflection of its justice. When the power charged with enforcing the law withdraws into itself, shields its own and punishes those who speak out, justice ceases to be a universal value and becomes the privilege of a few. That is the mirror in which Spain should dare to look at itself.
The third pillar nobody votes for
The rule of law rests on three powers: the legislature, the executive and the judiciary. The first two are renewed at the ballot box; we can change the Government and Parliament every four years. The third, by contrast, is made up of career officials whose security of tenure the Constitution conceived as a guarantee of independence, but which, without real checks, can degenerate into impunity.
That is why the judiciary is the last line of defence: if the other two fail, the courts should correct them. But if justice itself succumbs to corruption, corporatism or political obedience, there is no internal authority left to turn to. And that is precisely the scenario we are denouncing.
It is not "typically Spanish"
In two centuries we have known more than seven constitutions, civil wars and institutional ruptures. Against that background, a convenient explanation has taken hold: our shortcomings are supposedly part of some national idiosyncrasy. It is an alibi. What lies beneath is not a cultural trait but the entrenchment of patronage networks that disguise themselves as legality and hold citizens' trust in their institutions hostage.
European data confirm it year after year. The EU Justice Scoreboard places Spain among the Member States where citizens and businesses have the poorest perception of the independence of their judges, and the main reason given is interference or pressure from the Government and politicians. The European Commission's annual Rule of Law Reports have, moreover, been calling for years for reform of the system for electing the judiciary's governing body.
The price of lifting the veil
The media devote ample space to corruption in other countries, but when it comes to examining possible wrongdoing within our own courts the silence is deafening. Why? Because confronting a structure that protects itself comes at a cost: whoever blows the whistle may end up in the dock.
The starkest example is that of a judge who, after reporting to the Spanish Tax Agency alleged undeclared accounts held by senior judges in tax havens, has been deprived of his liberty for more than two years. No institution, neither the General Council of the Judiciary nor the Public Prosecutor's Office, has acted of its own motion to establish whether those reports had any basis. That is the message citizens receive: belling the cat comes at a heavy price.
A sound democracy cannot be built on an opaque, corporatist judiciary, but on accountable judges subject to the same scrutiny they demand of everyone else.
What we are calling for
- A system of judicial appointments based on merit and free from party-political deals, as recommended by the Council of Europe and the European Commission.
- Effective mechanisms of disciplinary, financial and criminal liability for judges and magistrates, handled transparently.
- Public, verifiable asset declarations for those who hold the highest judicial offices.
- Real protection for those who report corruption, including when what they report concerns the justice system itself.
Reasons not to give up
Bleak as it is, this situation has acted as a catalyst for the birth of associations and citizens' movements demanding transparency and genuine judicial independence. We have found in this struggle a reason to come together. Only when we open the windows of the courts and let the light in can we aspire to a country where the law is not a weapon against the weak but a shield that protects them.
We will go on existing, denouncing and resisting for as long as this reality remains unchanged. Because the greatness of a country is measured by the dignity of those who refuse to resign themselves.