Spain’s constitutional court under increasing political and media scrutiny

The strain on judicial independence

by Lorraine Williamson
Spain Constitutional Court pressure

Cándido Conde-Pumpido, President of Spain’s Constitutional Court, has voiced growing concerns over the escalating pressure from political groups, businesses, and the media.

He warned that the court’s independence is at risk as external forces continue to question its rulings.

Political and economic forces at play

At a recent event held at the Ateneo cultural centre in Madrid, Conde-Pumpido described the court’s legitimacy being under attack from powerful opinion groups. He identified these groups as being driven by political, economic, or other vested interests. He believed they are putting undue pressure on the judiciary.

The amnesty law and multiple legal challenges

The court is currently reviewing 30 different legal challenges related to the controversial amnesty law. This legislation, passed to offer amnesty to those involved in Catalonia’s 2017 independence referendum, has sparked heated debate. The Constitutional Court is examining appeals from the Supreme Court, constitutional complaints, and petitions from citizens, some of whom believe the law does not offer sufficient protection. A final ruling is expected before the summer.

Despite the mounting pressure, Conde-Pumpido assured the public that the court’s work was progressing, with all twelve judges being highly qualified professionals. He stressed that a range of viewpoints is represented on the court. Furthermore, the judges are working within a reasonable timeframe.

The ERE case: A delicate situation

Tensions have also emerged in relation to the ERE case, which involves a major fraud scandal in Andalucia. The case centres around illegal severance payments made by the regional government. Several former officials were convicted, but parts of these convictions were overturned by the Constitutional Court, sparking legal disputes. Conde-Pumpido acknowledged the delicate nature of the situation. Moreover, he warned that the matter could escalate if it reaches the European Court of Justice.

Media scrutiny and judicial autonomy

The court president also criticised the ongoing “parallel trial” taking place in the media and on social media platforms, where internal reports are being leaked and discussed publicly. He made it clear that the Constitutional Court would continue its work with careful deliberation. Importantly, he reaffirmed that no lower court could overrule decisions made by the Constitutional Court. Additionally, Conde-Pumpido welcomed the Supreme Court’s decision to dismiss criminal complaints against Constitutional Court judges.

Despite the mounting external pressures, the Constitutional Court remains resolute in upholding the law, with the independence of the judiciary remaining a fundamental principle.

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