Since November 26, 2023, the day when the Government transferred a red line with the minister Óscar Puente, who said that, “no doubt,” there were “cases of lawfare” in Spain, until September 15, when Félix Bolaños He said that some judges “do politics”, the Popular Party has collected, in chronological order, each and every one of the accusations and attacks of members of the Government – including the president – and of political leaders of the left against the judges of our country.
A compilation that has served to base the last complaint that the conservative training has presented to the European Commission, to which the reason has had exclusive access and in which it urges to move a file against a “Confrontation speech” which puts the independence of the legal system in check.
As this newspaper already advanced, as soon as Pedro Sánchez assume in the first person the speech of the “Lawfare” in his last interview with public television, the PP put in his spotlight to Brussels, the fortress where he believes that the “abuses” of the Executive against the rule of law die. The ultimate goal, in reality, is a resounding pronouncement by the commission that places the socialist president on the side of the European leaders most questioned by their anti -democratic behaviors. The most paradigmatic case is that of Hungarian Prime Minister, Viktor Orban.
This time, the maneuver consists of a letter that carries the signing of Dolors Montserrat, number two of the European PP, and that is addressed to two first level authorities: the European Justice commissioner, Michael McGrathand the vice president for democracy, Henna Virkkunen. To both, the popular Eurodiputa claims that the commission of which they are part “Act without delay to safeguard judicial independence.”
In two folios, it exposes a reasoning: «Every time there have been relevant judicial advances that affect the government’s environment – the instruction against Begoña Gómez, the imputation of the attorney general, García Ortiz, or procedures that have splashed leaders of the PSOE orbit delegitimizing concrete judges or the Judiciary as a whole ».
In short, for the PP it is shown “clearly a pattern” in the government orbit, which has degenerated “isolated messages, such as references to lawfare”, to a «Sustained strategy and replicated by members of the Executive himself», Included neither more nor less than its headquarters, Pedro Sánchez.
In the letter to which this newspaper has had access, Montserrat explains to European representatives that “during the last two years, the Commission has issued clear warnings to the Spanish government in its annual reports, pointing out the risks arising from the statements of political leaders against judges and prosecutors.”
The European Parliament itself, recalls, “in its June 2025 report, expressed concern about repeated attacks against the judiciary in cases that refer to the government to their nearby people.” And what the popular leader reproaches before the
European commissioners is that “Far from correcting this drift, the Spanish Executive has intensified the attacks.”
What were previously isolated words of parliamentary spokesmen, now is a choreography of almost the entire presidential cabinet.
“You have even accused instructors or insinuating partisan motivations in judicial resolutions,” says Dolors Montserrat, who warns: «These behaviors frontally violate the values enshrined in article 2 of the European Union Treaty and the right to an independent judge included in article 47 of the Charter of Fundamental Rights ».
In that line, he also puts the commission on notice because government attacks to justice house a danger: “The result is a progressive deterioration of citizen confidence in the impartiality of the courts.” Because citizens «perceive that, instead of respecting the rules of the game, the government It responds to judicial setbacks attacking the judges ».
That perception, Montserrat affects the main European institution, “erodes a basic principle of democracy: judicial independence as a counterweight of political power.” To underpin your thesis, rescue the latest reports on the rule of law prepared by the commission, which underline: “Public representatives have the obligation to safeguard, and not undermine, confidence in justice.” In addition, he also quotes the Eurocamara, that “he has insisted that governments must refrain from interference and respect the separation of powers.”
Two fundamental norms that, in his opinion, is jumping the Executive, which he accuses of a “breach” of the European “recommendations.” And it finishes: “When members of the Government qualify a magistrate as a magistrate, they call a judicial car or affirm without nuances that there are judges doing politics not only deteriorate democratic coexistence in Spain, but also place the country in the radar of Brussels for violating essential commitments on the rule of law.”