The Attorney General defends himself against criticism: "I'm here because I believe in justice and truth."

MadridThe elephant in the room was so big that it was impossible to avoid it, so the Attorney General of the State, Álvaro García Ortiz, got to the point right from the start of his speech at the opening ceremony of the judicial year. "I am fully aware of the unique circumstances of my intervention as a result of my procedural situation. I respect all opinions that may be expressed and I will only make one mention in this speech: if I am here as Attorney General of the State, it is because I believe in justice and in the institutions that comprise it. I believe in the rule of law, in the independence of the judiciary, and in the principles of truth," he stated in the plenary chamber of the Supreme Court, where the The political and judicial right did not want García Ortiz to attend..

The last few hours have been marked by furious pressure from the PP, associations of judges and prosecutors affiliated with them, and conservative members of the General Council of the Judiciary (CGPJ) against the presence of the Attorney General at this session presided over by Felipe VI. In fact, the president of the PP, Alberto Núñez Feijóo, was absent, considering it a "provocation" for García Ortiz to give a presentation on the activities of the Prosecutor's Office, given that he is one step away from going to trial for alleged disclosure of secrets. However, the law that stipulates the course of this event obliges him to be there. The right-wing members of the CGPJ even sent a letter to the president, Isabel Perelló, on Thursday, in which they asked her to urge García Ortiz not to attend the event.

The president of the CGPJ (General Council of the Judiciary) criticized the conservative bloc's attempt, warning that "it is not proper for the judiciary to enter into polemics and criticism of institutions," and that "everyone is responsible for their actions." However, Perelló has decided to combat criticism from the executive branch, something that has not pleased progressive Supreme Court judges. The president has responded to Pedro Sánchez's attacks on a "minority" of judges who "play politics," according to the Spanish president in an interview on TVE on Monday. "Disagreement and criticism are acceptable, but it is not acceptable to discredit the judiciary by attributing intentions or objectives that are openly contrary to the principles that should govern judicial action," Perelló stated before the King and the Minister of Justice, Félix Bolaños. "The persistent discrediting of justice by public authorities is completely inappropriate and unacceptable. It is inappropriate for an advanced state of law, where not only the principle of separation of powers prevails, but also that of mutual respect; in short, institutional loyalty," he added.

A warning to Peinado?

Now, between the lines, one can also interpret this as a possible warning from Perelló to the judges to effectively act in accordance with the law. We, too, must answer for our actions, and the legal system has the necessary instruments to hold us accountable when appropriate. The CGPJ can sanction inappropriate conduct by judges," Perelló stressed, after Sánchez considered that the governing body of judges should intervene against magistrates who persecute their relatives. In fact, there are already information files under study within the CGPJ against Peinado. However, Perelló insisted on the separation of powers and warned that "only a court can declare the error of a judge in the interpretation and application of the law." That is, politicians should not do so.

The amnesty is the other major element of tension and the Supreme Court expects the Constitutional Court to resolve appeals for protection from the leaders of the Process. "Judges and magistrates do not obey orders or instructions from anyone in the exercise of our functions," he asserted, in what could be a reference to the comments about how to apply the amnesty law. "Independence demands that we not be pressured, not conditioned, and that the credibility of judges not be eroded." courts with judgments of political opportunity, nor with expectations that ignore the principles and timing of the process," he stressed.

The applause

Despite the tense atmosphere, the session proceeded relatively smoothly: there was no protest from the judges or members of García Ortiz's court, although there was a split in the applause after his speech. It could be heard from the back of the room, where officials who are not members of the Supreme Court or the General Council of the Judiciary (CGPJ) sit. High court judges, prosecutors, and members did not applaud, neither from one political persuasion nor another. Perelló's applause was heard more frequently. While it is true that in 2024 there was applause after his and Perelló's speeches, the custom at these types of events—as in previous years—is to neither approve nor disapprove the speeches.

García Ortiz also endorsed the legislative changes being implemented to "modernize the justice system," referring to the law to democratize access to justice, which led to strikes and protests by judges before the summer. "For those who seek excuses or resist change, there will never be a suitable time," the attorney general added, also defending legal reform to have the public prosecutor's office direct criminal investigations—and not the judges, as is the case now. For this change, García Ortiz agreed that it will be necessary to "establish a system of checks and balances" and "restrict the power of the attorney general, if appropriate." In contrast, Perelló spoke of reforms that "generate legitimate concern in the judiciary" and represent "setbacks" in training and independence.