The Attorney General and Perelló's criticism of Sánchez strain the judiciary.

MadridThe fact that the president of the General Council of the Judiciary (CGPJ), Isabel Perelló, had a speech that was only seven pages long and provided virtually no account to the king of the courts' activity over the past year demonstrates the exceptional situation facing this branch of the state, immersed in incessant tension and division. The president of the Supreme Court dedicated most of her speech to rejecting the "insistent disqualifications of justice from the public authorities," in a clear response to the attacks on Monday by Spanish President Pedro Sánchez, on a day marked by the presence of the Attorney General, who was about to be tried and who the right-wing celebrated this Friday in Madrid. "If I'm here, it's 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, in the principles of legality and impartiality. And, of course, also in the truth," defended Álvaro García Ortiz, who does not intend to resign and did not hesitate for a moment to attend.

The elephant in the room was so big it was impossible to avoid it, so the prosecutor got to the point as soon as he began his intervention. "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," he began. After defending himself, he gave a lengthy review of the Public Prosecutor's Office's report. The last few hours had been marked by furious pressure from the PP, the associations of judges and prosecutors affiliated with him, and the conservative members of the CGPJ (General Council of the Judiciary) against his presence 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.

The king has acknowledged the latent discomfort, but his testimonial role has prevented him from expressing his desire for everyone to make an effort to reduce tension and preserve the institutions. In recent days, the political and judicial right has attempted to convey that García Ortiz's attendance subjected the monarch to institutional tension, but the truth is that this Friday's event proceeded, regardless of the climate, as stipulated by law. With the exception he attempted to make on October 3, 2017, when Felipe VI interfered in a political conflict, it is not the king's role to comment on political matters. The president of the CGPJ did condemn the conservative bloc's attempt to remove the attorney general and warned that "it is not proper for the judiciary to enter into controversies and criticism of institutions." "Everyone is responsible for their actions," she said.

Contrary to expectations, Perelló has been generous in his response to criticism from the executive branch, especially Sánchez, who on Monday in an interview on TVE pointed out the "minority" of judges who "play politics." "Disagreement and criticism are acceptable, but it is not acceptable to discredit the judiciary by attributing to it 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 disqualifications] are 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.

Several progressive judges consulted by ARA were wary after Perelló's speech because his defense of the separation of powers did not also address those judges who demonstrated before the summer against legislative changes underway, such as the one for the democratization of access to justice. The president of the CGPJ (General Council of the Judiciary) spoke of reforms that "generate legitimate concern in the judiciary" and that signify "setbacks" in training and independence. On the contrary, García Ortiz expressed his support. "For those who seek excuses or resist change, there will never be a right time," the Attorney General added, who also defended legal reform so that the Public Prosecutor's Office would 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," he said.

A warning to Peinado?

Despite the corporatist rhetoric, between the lines one can also interpret Perelló's possible warning to the judges to effectively act in accordance with the law. "Judicial independence entails responsibility. We too must answer for our actions, and the legal system has the necessary instruments to demand this responsibility from us when appropriate. Independence protects us against interference in the exercise of our functions, but at the same time it subjects us more rigorously to the law. The CGPJ has disciplinary power over judges," Perelló emphasized, 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 Juan Carlos Peinado, the magistrate investigating his wife, Begoña Gómez.

The amnesty is the other major element of tension, and the Supreme Court hopes that the Constitutional Court will 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 stated, as he did last year, which could be A reference to the comments on how to apply the amnesty law. "Independence demands that we not be pressured, conditioned, or that the credibility of the courts not be eroded by politically opportunistic judgments or expectations that ignore the principles and timing of the process," he emphasized.

The applause

Despite the tense atmosphere, the session proceeded relatively smoothly: there was no snub from the judges or members of García Ortiz's court, although there was a split in the applause after his speech. Applause was heard from the back of the courtroom, where officials who are not members of the Supreme Court or the General Council of the Judiciary sit, and from court clerks when the State Prosecutor finished. Perelló received more, from conservative members and from some prosecutors openly positioned on the right, such as Consuelo Madrigal, the former Attorney General under Mariano Rajoy. In the coming months, it remains to be seen whether García Ortiz will return to the Supreme Court, this time to be tried by a panel consisting of the president of the Second Chamber, Andrés Martínez Arrieta, and judges Manuel Marchena, Antonio Moral, Juan Ramón Berdugo, Carmen Lamela, Susana Polo, and Ana Ferrer. That is, a conservative majority.