18
Jan
2023
Watch
Protecting the Rule of Law against impunity in Spain (topical debate)
Madam President, a serious political debate on the very serious institutional crisis in Spain makes perfect sense. But it must take place in its own place: the Parliament of Spain, not here in the European Parliament. It is clear that the scheduling of this debate by the European People's Party is only an attempt to use this European stage to continue the partisan confrontation against the Spanish Government. Undoubtedly, the rule of law is a European value and systemic threats to the rule of law are a European matter, as has been understood for several Member States. But that is not the case in Spain. Even today, the European Commission has come here to acknowledge the progress made in the functioning of democracy and the rule of law. If, in Spain, there are concerns about the functioning of the rule of law and the principle of the separation of powers, it is precisely on those two points that the right and the proponents of this debate refuse to acknowledge. First, the long blockage of many years in the renewal of the General Council of the Judiciary, and now also of the Constitutional Court, keeping several judges in office far beyond their mandate, to perpetuate a political imbalance favorable to the right. Second, and more serious, the unprecedented case of interference by the judiciary in the functioning of the legislature: When the Constitutional Court, at the request of the right, used the expedient of the interim measure to prevent the vote in the Senate, in a legislative process still ongoing. This is unprecedented, neither in Spain nor in any rule of law. The Spanish Government has done well in complying with this Court ruling and thus contributing to respect for the rule of law. But it is also good not to conform to this blockage. This is, moreover, the number one priority of the Commission's recommendations. If the People's Party takes its concerns about the rule of law seriously, the way forward is simple: stop this blockage of many years to the renewal of the organs of the judiciary in Spain.