Manuel Marchena is not so far from Pedro Sánchez
The Supreme Court judge, who rose to power thanks to the People's Party (PP), defends some similar approaches to the Spanish government in his latest book.
MadridManuel Marchena (Las Palmas de Gran Canaria, 1959) made a decision that would remain with him throughout his professional career. He resigned in 2018 from his positions as president of the General Council of the Judiciary (CGPJ) and the Supreme Court when it was published that former PP spokesperson in the Senate, Ignacio Cosidó, had praised himself in a message. that his party would control the second chamber of the Spanish Supreme Court "through the back door." Therefore, when Pedro Sánchez subsequently summoned him to the Moncloa Palace to once again propose that he preside over the governing body of the judges, Marchena, a career prosecutor and now one of the most prestigious magistrates in the State, always rejected the idea. He claimed the independence in his resignation letter.
Justice threatened (Espada) – in which he carefully calculates the criticism, avoids mentioning specific legal cases, names and surnames of politicians, and does not show categorical allegiances to either the PP or the PSOE. However, anyone who wishes can read between the lines. One of the longest chapters addresses the figure of the Attorney General of the State, entitled "On whom does the Attorney General depend... well, that's it," which refers to that phrase Pedro Sánchez used during the 2019 election campaign. However, Marchena believes that the vision conveyed by the declaration has been shared by "several political leaders, if not all," but that they have not expressed it publicly. He maintains that it would not be appropriate for this figure to be "independent" because it could constitute a kind of "fourth power," which is why he opts for the concept of "functional autonomy." Precisely the same one used by the Minister of Justice, Félix Bolaños, when he presented the latest reform to depoliticize the public ministry.
One of the reforms the Spanish government is also preparing—and which Marchena shares—is that prosecutors, not judges, should assume judicial instructions. This poses a problem with the fact that the Attorney General is chosen by the executive branch, because he or she would hold the key to opening or closing a criminal investigation, a "weapon that political power dreams of." Thus, someone who is suspected of bias from the outset should not be a candidate. Does Álvaro García Ortiz have bias? Marchena doesn't say, of course, but he does reflect on the fact that the General Council of the Judiciary declared him unfit for the position in a non-binding report, as well as the fact that a significant portion of the Board of Prosecutors called for his resignation following his indictment. "When jurisdictional and intra-organizational controls repeatedly show signs of detachment [...], he will have to understand the message that not everything is worth it to impose his grateful judgment in defense of government interests," he points out. Beyond legal changes, Marchena believes that the autonomy of an attorney general depends on his or her "honesty."
The class action
Marchena has long argued that private prosecutions should not be exercised by political parties or unions, which use this tool for propaganda purposes. The Spanish government has presented an initiative to limit it, which also includes retroactive effects that would mean removing it from cases like the one affecting Begoña Gómez. Here, the author sees a "flagrant unconstitutionality." "A legislative initiative aimed at restricting citizens' access to criminal proceedings should never be presented as a search for a solution to prevent certain political leaders or people linked to them from being held accountable for the alleged acts," he warns.
Returning to the CGPJ, Marchena does not comment on the selection of members proposed by the PP and PSOE, and does point out that there are no "satisfactory" models in Europe for avoiding political interference. "This pernicious practice is best exemplified by a WhatsApp message in which a parliamentary spokesperson boasted about the political control that would allow him to appoint the person who, at that time, appeared to be the most likely candidate to assume the presidency of the CGPJ," he writes when recalling his bitter experience. He doesn't mention his name, or that of the political leader, or the political party. He also expressly avoids the fact that he became president of the Second Chamber of the Supreme Court in 2012 with the votes of 12 conservative members. Marchena, therefore, avoids evidencing his alignment with the right and, in some ways, is not so far from Sánchez.
