Patxi López: "Some judicial rulings shame the rule of law"

Patxi López: "Some rulings by certain judges shame the rule of law"

The former lehendakari (Basque regional premier) and current Socialist MP Patxi López has once again turned the spotlight on judicial independence. In remarks that have peine the debate over the limits of judicial power, López said that certain rulings by Spanish judges are "shameful" for the rule of law. A criticism that, far from being unanimous, has quickly drawn rebuttals pointing to specific cases of magistrates who, precisely, are said to have abusa fundamental rights.

The counterpoint of Garzón and the Constitutional Court

One of the most frequently cited examples is that of judge Baltasar Garzón, convicted of perversion of the course of justice in 2012 for ordering the wiretapping of conversations between lawyers and defendants in the Gürtel case. The UN Human Rights Committee later found that those proceedings were arbitrary and failed to meet the principles of independence and impartiality. A verdict that gives ammunition to those who argue that the judiciary also produces rulings "that shame". On the other hand, criticism is also directed at the Constitutional Court for upholding the Gender Violence Law with arguments that, for part of the legal doctrine, were legally weak, bordering on "childish", according to some voices.

The unresolved debate

Amid mutual accusations over the quality of justice, López's case is not an isolated one. Political attacks on the judiciary are commonplace in Spain, but when they come from a heavyweight of the PSOE (Socialist Party), they take on another dimension. The question remains open: is it the judges who shame the rule of law, or the politicians who undermine its credibility by targeting the courts? There is no consensus, but there is certainty that the conflict between the branches of power will only intensify.