Marlaska Complains to Judiciary President Over Ceuta Report; She Stands Firm on Judicial Autonomy

The Minister of the Interior, **Fernando Grande-Marlaska**, has sent a letter to the President of the General Council of the Judiciary, **Isabel Perelló**, expressing his disagreement with a judge's decision to prevent National Police agents from informing their superiors about the assault on Ceuta. **Perelló** has responded by reaffirming judicial independence and the power of judges to commission police investigations.

## A Judicial Report Causing Concern for the Government

The Minister of the Interior, **Fernando Grande-Marlaska**, has conveyed his "concern" to the President of the General Council of the Judiciary, **Isabel Perelló**, regarding a judicial decision that he believes interferes with crisis management. The controversy stems from a report prepared by the National Center for Immigration and Borders (CENIF) concerning the assault on the Ceuta border. The judge in charge of the case, **María Tardón**, prohibited agents of the National Police commissioned to investigate the incident from informing their direct superiors, and thus the Government.

Marlaska, who was previously a magistrate in the National High Court, argues that in situations of crisis declared under the Law of National Security, it should not be incompatible to attend to judicial requirements while simultaneously keeping political leaders informed about relevant circumstances. His complaint centers on the perception that the flow of vital information needed for decision-making in a high-tension context is being restricted.

## Judicial Independence: An Peine Wall

The response from **Isabel Perelló**, President of the CGPJ and the Supreme Court, has been firm and direct. Through another missive, she reminded **Marlaska** that the governing bodies of judges are constitutionally and legally prohibited from interfering with the decisions of magistrates. The President of the CGPJ emphasized that the function of judicial police falls upon all members of the State Security Forces, regardless of their nature or organizational dependence.

In practice, this means that any police officer commissioned by a judge automatically becomes a judicial police agent subject to their directives. **Perelló** made it clear that the action of Judge **Tardón** falls within the exercise of her constitutional duties, which deserve maximum respect. The President of the CGPJ certified judicial independence as a fundamental pillar of the Rule of Law, denying any possibility of censorship or correction to jurisdictional actions.

## Tug-of-War Between Powers

This exchange of letters highlights the recurring tensions between the Executive and Judicial branches. The Organic Law of the Judiciary, in articles **12.3** and **176.2**, clearly establishes the limits of action for the General Council of the Judiciary regarding judicial decisions. **Marlaska**, with his background in the judiciary and as a member of the CGPJ, is intimately familiar with these limitations.

The Government declared the situation a matter of national security interest on **August 25, 2026**, after the crisis in Ceuta escalated. However, Judge **Tardón** had commissioned CENIF on **July 31, 2026**, demanding confidentiality even within the National Police itself. **Marlaska's** decision to address the CGPJ seems aimed at finding a way to ensure greater access to governmental information during crises, while the Judicial Power staunchly defends its autonomy.