Judges go on strike...but business as usual remains in the courts

Barcelona / MadridThe courts have begun a three-day strike of judges and prosecutors called by all professional associations except the progressive ones, with the strike being followed by 75% of judges and prosecutors this Tuesday. Beyond the estimate made by the organizers, who have described the protest as a "resounding success," there is no official data because the General Council of the Judiciary (CGPJ) is not collecting it, as it does not recognize the call. The Ministry of Justice has also not received the monitoring data it had requested from the CGPJ and the State Attorney General's Office, and points out that the figures provided by the associations are not official. Furthermore, it notes that during the day "there has been almost complete normality in the courts and prosecutors' offices" throughout Spain.

The protest aims to halt the reforms to the judicial and prosecutorial careers that the Spanish government is processing as an emergency measure, but in the concentrations that the associations themselves have promoted until now Slogans against the president of the state executive, Pedro Sánchez, have been heard. The Moncloa government, in fact, has lamented that Vox and the far right want to "politicize" the call. In a press conference, representatives of the five associations calling the strike denied that the strike is political: "It has very clear professional elements," they asserted.

Despite the associations' assertion that three out of four professionals supported them, the atmosphere in the City of Justice in Barcelona during the first morning of the strike was normal. Among those present were some affected by last-minute cancellations due to the strike, but the majority of appointments went ahead. Among the impacts seen in the Catalan capital is the suspension of the schedules of two additional courts for fast-track trials, which represents around fifty trials. In fact, several judicial sources indicate that, in response to the strike, many judges chose not to schedule hearings or trials for this Tuesday, which would have reduced the impact on unemployment. However, the Barcelona Bar Association (ICAB) has recommended that lawyers, if they encounter suspensions due to the strike, ask the court to reschedule the hearing as soon as possible.

Normalcy also prevailed on the first day of the strike at the Supreme Court and the National Court, where they carried out their planned statements and trials. Some judges from the administrative litigation divisions did join the strike, but the criminal courts followed the scheduled agenda. The associations have not collected data on suspended trials because, they claim, they do not have trials scheduled every day, and in some cases, they have been able to reschedule them. This Friday, they will meet to assess the three-day strike and decide what steps to take if the Spanish government remains entrenched in their demands.

The five associations that have called the strike are the Professional Association of the Judiciary (APM), the Francisco de Vitoria Judicial Association (AJFV), the Independent Judicial Forum (FJI), the Association of Prosecutors (AF), and the Professional and Independent Association of Prosecutors (APIF). All have maintained the call despite the veto of the CGPJ, which sees no "regulatory support" because the right to strike is not regulated for judges, and has opted not to set minimum services. Neither has the Attorney General's Office, so the calling associations themselves have clarified which actions cannot be set aside, such as precautionary measures and those affecting detainees who are brought before a court. The Spanish government has asked the General Council of the Judiciary and the Public Prosecutor's Office to report daily on the professionals who have not gone to work so that the corresponding part of their salary can be deducted.

The first day of the strike coincides with the start of the new organization system in the courts of the smaller judicial districts. This change has also prompted protests from various sectors of legal professionals, and a call from the CCOO (Working Council of Workers) is calling on court officials to protest outside the regional government headquarters.