On the 21st December, 2023 Council for the Judiciary of Spain (hereinafter - CGPJ Spain) in its plenary session adopted a resolution on the creation of the Commissions of Inquiry in the Congress of Deputies and the implications this may have on judicial independence.
While CGPJ Spain underlined the right of the Congress of Deputies to create such Commissions as they deem necessary to clarify the facts that have occurred on the matters that fall within the realm of their political responsibility, it stressed that CGPJ Spain is the body vested with the responsibility to guarantee judicial independence at all times and under all circumstances.
CGPJ Spain noted that under the legislative framework of the Kingdom of Spain, judges are subject to the disciplinary liability (function exercised by the CGPJ Spain) and criminal liability exercised by independent judiciary. The created Parliamentary Commissions do not meet these requirements, thus there is no basis to call members of the judicial profession to appear before them in order to testify on matters of which they are aware or have been aware in the exercise of their jurisdictional function.
The CGPJ Spain calls:
1. on the Congress of Deputies and Senate to refrain from summoning judges and magistrates to testify before the investigation commissions;
2. on judges and magistrates who are summoned to a commission of inquiry to immediately inform the Standing Committee of the General Council of the Judiciary, sending it a copy of the summons received;
3. on the Permanent Commission to deny the authorization of service commissions to judges and magistrates to appear to testify before the aforementioned commissions of inquiry on facts of which they have or have had knowledge on the occasion of their jurisdictional activity;
4. to communicate the Congress of Deputies and Senate and the ENCJ.
An English version of the resolution is attached. More information and the resolution may be found on the website of the CGPJ Spain: https://www.