On 25 June, the government and main opposition party, the Popular Party (PP), agreed to the renewal of the 20 members of the General Council of the Judiciary (CGPJ), the highest governing body in charge of appointments, promotion and transfers of judges, and of ensuring the independence of courts. The mandate of existing CGPJ members expired over five years ago, but since Parliament was not able to approve replacements with the required three-fifths majority, they have continued to serve in their roles. Additionally, the parties agreed to initiate reform of the Organic Law of the Judiciary to strengthen the independence of judges and public prosecutors. Finally, the new members of the CGPJ have been given six months to propose a new method for appointing members of the CGPJ in the future, responding to a recommendation from the European Commission in recent Spanish Rule of Law reports. The European Commission helped to mediate the negotiations for renewal of the CGPJ since January 2024.

Sources: Euronews (1), Euronews (2), European Commission (1), European Commission (2), EFE, El Confidencial

On 30 May, Parliament narrowly approved an amnesty bill, which, once implemented, entails a release from liability for separatists involved in the 2017 Catalan secession attempt. The amnesty does not apply to cases of particularly heinous crimes such as torture, terrorism or serious inhumane treatment, and must be applied by courts on a case-by-case basis. The law passed with 177 votes in favour and 172 against. The amnesty law, which is expected to apply to an estimated 400 pro-independence activists and former public officials, has led to large-scale protests and criticism from opposition parties. A review of the law by the Venice Commission of the Council of Europe for compliance with the Rule of Law recommended greater precision in the law’s application to ensure legal certainty and cautioned against inadvertently terminating cases unrelated to the social tensions. The Venice Commission noted that the bill had followed an urgent procedure with limited public consultation, and recommended that passage of the bill require a higher qualified majority in Congress.  

Sources: The Venice Commission, El País (1), El País (2), Euronews, International IDEA, the Congress of Deputies, Foreign Policy, NPR

Parliament approved constitutional amendments for the third time in the history of the 1978 Constitution (adopted after the Franco dictatorship). The changes remove the term “handicapped” (“disminuido”) from Article 49 and replace it with “persons with a disability,” a long-sought demand of disability rights advocates, including the Spanish Committee of Representatives of People with Disabilities (CERMI). The amendments additionally introduce a commitment by public administration to pursue policies that “guarantee the complete autonomy and social inclusion of people with disabilities.” President of CERMI, Luis Cayo Pérez Bueno, celebrated the amendments, and stated that they were made “hand-in-hand with civil society, social movements, and people with disabilities, and their families.” The final vote in the Senate on 26 January resulted in 254 votes in favour and three votes against from Vox party MPs, far exceeding the three-fifths majority required for constitutional reform.

 Sources: Euronews, The Guardian, Boletín Oficial del Estado, ConstitutionNet, CERMI (1), CERMI (2)   

On 22 January, the Supreme Court ruled that Spanish authorities acted illegally in 2021 when they returned unaccompanied Moroccan minors, who had crossed the border into the Spanish autonomous city of Ceuta. In May 2021, an estimated 12,000 people circumvented the border fences to enter Ceuta (including approximately 1,500 minors). The Court found the returns contravened the procedure for the repatriation of foreign minors set out in Spanish Immigration Law, and constituted collective expulsion, prohibited by the European Convention on Human Rights. The ruling also determined that Spanish authorities violated the minors’ rights to physical and moral integrity. Spanish officials had argued that a 2007 bilateral agreement with Morocco provided the basis for the decision to return the minors and noted the exceptional circumstances of the 2021 border crossing. The ruling clarified that the 2007 agreement does not constitute sufficient grounds for the return of migrant children.

Sources: Poder Judicial, Pressenza, InfoMigrants, AP

A controversial amnesty deal was resisted by mass demonstrations across the country, including a gathering of around 170,000 people in Madrid and riots in front of the Socialist Party (PSOE) headquarters. The agreement, finalised between Prime Minister Pedro Sanchez and Catalan pro-independence party Junts, offers amnesty to Catalan separatists as a concession to ensure PSOE could remain in power following inconclusive July elections. A bill pending in Parliament would require courts to end the prosecution of nearly 400 members of the Catalan separatist movement, including the leaders of the secession attempt in 2017. The amnesty does not apply to particularly egregious crimes, including torture or serious cases of inhumane treatment. The European Commission is currently analysing the draft legislation, including its potential impacts on the rule of law.

Sources: Euractiv, El País (1), El País (2), NPR, Financial Times, France24, European Parliament