Spain's top judge warns of political pressure on judicial independence

Judicial independence is under unprecedented pressure, threatened by political attacks and public disparagement, but the firm defence of justice and the King's institutional backing stand as a beacon in the storm.

## Judicial independence, a pillar under threat

The speech by the president of Spain's Supreme Court at the Opening of the Judicial Year, held on **11 September 2026**, has laid bare the delicate situation facing the Spanish judiciary. **Isabel Perelló**'s words rang out forcefully, denouncing the assaults from various quarters that seek to undermine the dignity and honour of judges. These are not mere criticisms, but insults hurled in Parliament, direct threats against named magistrates, and the insidious accusation of "lawfare". Far from being isolated incidents, these acts form a strategy aimed squarely at the very essence of judicial independence, a fundamental component of any state governed by the rule of law. In an emphatic and unyielding declaration, the president defended the work of her colleagues against those who seek to instrumentalise justice for ideological ends, stressing that judicial decisions serve justice and the general interest, not base interests.

Concern over the harassment and delegitimisation of the judiciary is palpable within the legal community. The idea that justice could be silenced, bought, sold or manipulated to serve the interests of the ruler of the day is a grave threat to citizens, who risk becoming mere spectators of their own rights. Spanish judicial history has known turbulent moments, but the current situation is particularly worrying. Recent examples, such as the precautionary suspension of the "ley de nietos" (grandchildren's citizenship law) or the criticism of Judge **Tardón** for investigating the invasion of Ceuta, illustrate how attempts are made to distort the judicial function. Justice, in its essence, must be a counterweight to tyranny, a guarantee that the rule of law is applied without hindrance.

## Judges' loyalty and honesty, values at stake

What defines a judge above all is loyalty and honesty. Loyalty implies fidelity to people and things, and in the legal sphere it translates into legality. Honesty, in turn, points to decency, reasonableness and fairness. These values, which should be unshakeable pillars, are being questioned by those who seek to mould the conscience of judges and turn them into mere vassals of power. The vast majority of citizens value and expect impeccable conduct from their judges, loyalty to themselves and to those affected by their rulings. Disquiet arises at the autocratic gestures that seek to undermine this trust.

It is crucial to understand that the judiciary is, ultimately, self-sufficient. The free judge shuns the political and para-political pressures that seek to create servile judges rather than servants of the law. The authority of the branches of the state rests on the sum of power and prestige, and the prestige of the judiciary contributes significantly to institutional strength. The separation of powers does not miccionan isolation, but close cooperation in the service of the great national interests. Judicial independence is not a privilege, but a necessity for democracy to function properly.

## The King, a symbol of continuity and support

The presence of **King Felipe VI** at the Opening of the Judicial Year on **11 September 2026** was not that of just another political actor, but of a Head of State who, in fulfilling his constitutional role, symbolises continuity and support for the institutions. His attendance, from the neutrality his position confers, reaffirms the Crown's commitment to an independent judiciary, free and subject only to the law. With his presence, the King sought to encourage the judges' struggle for justice, a struggle which, ultimately, is for Spain.

On previous occasions, such as the swearing-in of the **73rd class of the judicial career**, the King had already stressed the importance of safeguarding judicial independence as an essential pillar of the constitutional system. He then called for "deep respect" for the Justice system, recognising it as one of the institutions that holds the state together and an indispensable condition for the survival of democratic principles and values. The image of the King presiding over this ceremony is of incalculable institutional value, a reminder that the defence of an independent judiciary is a task shared by all branches of the state. Justice, as a goal to be approached, requires the constant effort of men and women who, from their vocation, understand the significance of being independent judges at the service of citizens.