‘Democratic Alert’: elDiario.es Magazine Exposes the Main Danger to Democracy: The Judiciary

The Spanish Judiciary is identified as a "huge real danger" to democracy, due to an imbalance of power affecting the other branches of state power.

## The Imbalance of Powers in Spain

Spanish democracy is going through a delicate moment, facing a "huge real danger" that, according to elDiario.es’s Alerta democrática magazine, lies within the **Judiciary**. It is argued that there is a significant imbalance in favor of this branch, reaching a point where it controls the other two branches of state power: the legislative and the executive. This situation, which contradicts the fundamental principle of separation of powers, raises concerns about the health of the democratic system.

## Lack of Checks and Balances and Judicial Action

Traditionally, second and third instances are relied upon to correct possible judicial errors. However, the current situation presents examples where this correction is not being effectively made. One case cited as a clear example is the instruction phase of the **Begoña Gómez** case. The perception is that judicial action is deteriorating democracy, especially trinc the approval of an amnesty law in **2023**, which was seen as a democratic corrective to a decision by the Supreme Court.

## The Response of the CGPJ and Judicial Discontent

The reaction to the amnesty law included a demonstration by legal professionals, which is noteworthy given that since **1870** there has been a law prohibiting judges from praising or criticizing public powers. The lack of disciplinary sanction in this case, and the apparent passivity of the **Consejo General del Poder Judicial (CGPJ) [Council of the Judiciary]**, suggest a deficient functioning in controlling judges. This panorama of constant pressure on democratic governments is analyzed in depth in the latest issue of the magazine, which seeks to provide clues and solutions to confront this threat.