The independence of the judiciary at risk? The Spanish case.

In November 2021, the long-awaited renovation of the Spanish Constitutional Court eventually took place, thus ending the obstruction operated by the main political forces. Indeed, pursuant to the Spanish Constitution, the lower court of the Parliament must appoint four of the twelve members of the Constitutional Court according to a qualified majority vote. Nonetheless, the increasing polarization of the current Spanish political landscape has led to a two-year obstruction, as the main political parties were unable to agree on suitable candidates. They eventually struck an unsatisfactory deal from the perspective of the rule of law, the division of powers, and the legitimacy of the Constitutional Court, which contradicts the spirit of the Spanish Constitution. In a parallel course of action, the renovation of the Spanish High Judicial Council has been blocked for three years for the same reasons and it seems unlikely that the main political forces will agree on a deal any time soon, once again against the letter and the spirit of the Constitution. Against this background, this paper will analyse if and to what extent the independence of the judiciary is at risk considering the recent renovation of the Constitutional Court and the unresolved renovation of the High Judicial Council. To do so, it will analyse the Spanish context in light of the Constitution and recent developments at EU level regarding the independence of the judiciary.