Spain's interior minister clashes with judiciary chief over Ceuta report

Interior Minister **Fernando Grande-Marlaska** has sent a letter to the president of Spain's General Council of the Judiciary (CGPJ), **Isabel Perelló**, expressing his displeasure at the decision of a National Court judge to prevent National Police officers from informing their superiors about the assault on Ceuta. **Perelló** has responded by reaffirming judicial independence and the power of judges to assign judicial police duties.

## A court report that unsettles the government

Interior Minister **Fernando Grande-Marlaska** has conveyed his "concern" to the president of the General Council of the Judiciary, **Isabel Perelló**, over a judicial decision he believes interferes with crisis management. The controversy stems from a report drawn up by the National Centre for Immigration and Borders (CENIF) on the assault on the Ceuta border. The judge handling the case, **María Tardón**, barred the National Police officers assigned to investigate the incident from reporting to their direct superiors, and therefore to the government.

Marlaska, a former judge at the National Court, argues that in crisis situations declared under the National Security Law, complying with judicial requirements should not be incompatible with keeping political leaders informed of relevant circumstances. His complaint centres on the perception that the flow of information vital for decision-making in a highly tense context is being restricted.

## Judicial independence, an unbreachable wall

The response of **Isabel Perelló**, president of the CGPJ and of the Supreme Court, has been firm and direct. In another letter, she reminded **Marlaska** that the governing bodies of the judiciary are barred, by constitutional and legal mandate, from interfering in judges' decisions. The CGPJ president stressed that judicial police functions fall to all members of the state security forces, regardless of their nature or organisational dependence.

In practice, this means that any police officer assigned by a judge automatically becomes a judicial police officer, subject to the judge's instructions. **Perelló** made clear that Judge **Tardón**'s actions fall within the exercise of her constitutional functions, which deserve the utmost respect. The CGPJ president affirmed judicial independence as a fundamental pillar of the rule of law, ruling out any possibility of censure or correction of judicial decisions.

## The tug-of-war between branches of power

This exchange of letters highlights the recurring tensions between the executive and the judiciary. The Organic Law of the Judiciary, in articles **12.3** and **176.2**, clearly sets out the limits of the General Council of the Judiciary's powers over judges' decisions. **Marlaska**, with his past on the bench and as a member of the CGPJ, knows these limitations first-hand.

The government declared a state of interest for national security on **25 August 2026**, after the crisis in Ceuta worsened. However, Judge **Tardón** had already assigned the CENIF on **31 July 2026**, demanding confidentiality even within the National Police itself. **Marlaska**'s decision to approach the CGPJ appears to seek a way to secure greater government access to information in crisis situations, while the judiciary jealously defends its autonomy.