Committee on Civil Liberties, Justice and Home Affairs Democracy, Rule of Law and Fundamental Rights Monitoring Group

To the attention of:

Minister of Justice of the Kingdom of Spain Mr Juan Carlos Campo San Bernardo 45, CP. 28015, Madrid

11 May 2021

SUBJECT: Request for information regarding the functioning of judiciary and the procedure for the appointments to the National Council of the Judiciary

Dear Mr Campo,

On behalf of the Democracy, Rule of Law and Fundamental Rights Monitoring Group established within the Committee on Civil Liberties, Justice and Home Affairs of the European Parliament, I would kindly enquire background information and clarifications regarding the functioning of the judiciary, notably the current debate concerning the proposal to lower the required majority for the appointment of members of the Council of the Judiciary.

On April 21st, the Spanish Government has withdrawn the law to reform the Spanish Council of the Judiciary with a view to unblock the situation following concerns expressed by a number of Spanish judges' associations as well as by the European Commission.

However, we would be grateful to receive more information on any proposals your government intends to take to improve the functioning of the judiciary in Spain, on what consultations are planned for the preparation of such proposals, and if and how the Venice Commission will be consulted. Does the government plan a reform of the Council of the Judiciary, in particular to depoliticize the appointment process?

We understand that the appointment of new members of the Council of the Judiciary, as required by the Constitution, is currently stalled in the absence of the required political majority. What impact will this have on the functioning of the Council of the Judiciary and on the appointment of judges, and how can the deadlock be resolved?

Looking forward to your reply.

Committee on Civil Liberties, Justice and Home Affairs Democracy, Rule of Law and Fundamental Rights Monitoring Group

With kind regards,

Sophie in ‘t Veld MEP

Chair – Democracy, Rule of Law and Fundamental Rights Monitoring Group Committee on Civil Liberties, Justice and Home Affairs European Parliament

CC: Juan Pablo García-Berdoy, Permanent Representative of Spain to the European Union David Sassoli, President of European Parliament Juan Fernando López Aguilar, Chair of LIBE Committee