In a newspaper on May 12, 2025, an article titled "Justice vs Politics," a Supreme Court justice calls for judicial independence, emphasizing the need for justice to be freed from political shackles. Although this message, in favour of the separation between politics and the courts, is important and necessary to guarantee the impartiality of the judicial system, what is really surprising is the presence of a body such as the General Council of the Judiciary (CGPJ), created precisely to prevent precisely this type of political interference in justice. It is alarming that, despite having a control body(CGPJ), the mechanisms designed to guarantee judicial independence are not working as they should. If the controls of the judiciary fail, it is worth asking, what is happening to the rest of the institutions that should ensure compliance with the rule of law?
The problem facing our country lies not only in the politicization of justice, as some analyses suggest, but in a much more serious and structural issue: the absence of the rule of law in all institutions. This is the real cancer that undermines the foundations of Spanish democracy.
Politicization as a symptom, not cause
The politicization of judges is only a symptom of a deeper dysfunction. When the bodies responsible for ensuring the independence of the judiciary, such as the CGPJ, do not fulfil their function or are co-opted by political interests, the problem is no longer only of justice, but of the entire institutional system. The system of immunity, the lack of transparency in the election of high positions and the privileges of certain institutions , in special judges, are part of a legal fabric that, far from promoting equality before the law, undermines it.
In this context, it is not surprising that judicial decisions sometimes seem to be influenced by political factors or external interests. But this is just the surface of a much larger problem. The failure is not only in justice, but in the rule of law as a whole, in a system where the key institutions, in charge of guaranteeing legality and justice, are weakened by the lack of independence and effective control.
Lack of control and impunity
A clear example of this lack of control is reflected in the complaint filed with the Congress of Deputies by the ACCYDED Association 11-5-2025, which demands the repeal of organic laws that grant unjustified privileges to certain bodies and institutions. In their complaint, they highlight the incompatibility of certain laws with the Treaty of Lisbon of 2009, which establishes fundamental principles of equality and non-discrimination, fundamental for legal cohesion in the European Union.
Laws that allow procedural privileges, such as the immunity of senior officials, not only contravene these principles, but also reinforce inequality before the law, an essential principle of the rule of law. This disparity not only affects citizens, but also corrodes trust in institutions, creating a breeding ground for corruption and abuse of power. If laws do not apply equally to all citizens, regardless of their political or social status, then the justice system loses its legitimacy.
The urgent need for deep reforms
Instead of focusing solely on the politicization of justice, we must undertake a profound reform of the institutional system that comprehensively addresses the underlying problems. It is essential that laws and control mechanisms be reviewed, and that privileges that pervert the relationship between citizens and institutions be eliminated. Only in this way will we be able to restore confidence in the judicial system and, therefore, in the democratic system as a whole.
The newspaper article and the complaint presented by ACCYDED should be a starting point for a serious and in-depth debate on the true nature of the problems facing Spain. It is not only a matter of defending the independence of judges, but of ensuring that all State institutions function within a framework of legality, equality and respect for fundamental rights. As long as we do not address this fundamental issue, the politicization of justice will only be a reflection of a much broader institutional crisis.
Politics and justice must be separated, but to achieve this, the entire institutional system must be founded on the principles of the rule of law, where there is no room for privileges, immunities or injustices that weaken public confidence in institutions.
This is the real challenge facing Spain. It is not just a matter of judicial policy, but of restoring the basic principle of equality before the law and ensuring that state institutions are at the service of all citizens, not particular or partisan interests.