Are Spanish judges mainly right-wing?

There is substantial evidence to suggest that Spanish judges are mainly right-wing, or at least perceived as such, particularly in the higher courts. The system for appointing members of the General Council of the Judiciary (CGPJ), which appoints senior judges, including to the Constitutional and Supreme Courts, is highly politicized, requiring a three-fifths parliamentary majority for selections , . This has led to a competition between the Socialist Party (PSOE) and the conservative Popular Party (PP) to control the CGPJ, guaranteeing its politicization . Critically, the PP has been accused of delaying new appointments to the CGPJ for five years, specifically to maintain control of the Supreme Court, where conservative-backed judges are said to dominate . The expired CGPJ, with a majority of members promoted by the Popular Party, has used this extension to continue making appointments to high Spanish courts, especially the Supreme Court's Criminal Chamber, which judges crimes of government members, deputies, and senators . This has resulted in the highest positions in the Spanish judiciary being filled by a majority of magistrates labeled as conservative by the media . Senator Ignacio Cosidó of the Popular Party even stated in a leaked message that this arrangement would allow them to "control the Second Chamber from behind" and was "vital for the Popular Party and for the future of Spain" . Historically, the judiciary in Spain has been predominantly conservative due to a "historical continuity" stemming from the Francoist influence, as there was no lustration process of the judiciary after the dictatorship , . The first democratic socialist government in 1985 attempted to make the judiciary more ideologically plural by changing the appointment system for the CGPJ, ensuring members were appointed by a 3/5 majority in Congress and Senate, rather than directly by judges themselves, to counteract the conservative bias among judges , . However, this did not entirely depoliticize the system , . Membership numbers in judicial associations further support a conservative bias: the Professional Association of the Magistracy (APM), attributed a conservative bias by the media, had 1,339 associates in 2019, compared to 843 for the centrist Francisco de Vitoria Association and only 462 for the progressive Judges for Democracy association . This makes the ideological bias of the Spanish justice system "quite evident," especially given the role of these associations in judicial promotions . An internal election for court direction boards showed the most conservative association (APM) obtaining 52% of votes, while the only self-defined progressive association got just 12% . Furthermore, the system of competitive examinations for accessing judicial posts, which requires an average of five years of study and is based on rote learning, is believed to favor candidates with a conservative leaning, as it is not economically affordable for all families . Many judges openly express political views, even supporting the far-right party VOX and criticizing feminism or insulting leftist MPs on social media, with their political views often influencing legal positions on civil rights cases . The judiciary is seen by some as a body of resistance defending traditional values like patriotism, family, and religion, sometimes even over constitutional values . The perceived injustice of sentences for Catalan leaders, who were convicted with "conservative, unionist views," contributed to the notion that the Spanish judiciary is controlled by vindictive magistrates . An EU report from last year showed that 56% of Spaniards perceive the judiciary's independence as "fairly bad" or "very bad," a sentiment significantly higher than in other EU countries like Ireland (16%) . In 2018, 49% of Spaniards believed the independence of their courts and judges was "quite bad" or "very bad," with the main reason cited as "interference or pressure from the government or politicians" . Spain was ranked the sixth worst EU member state in the judicial independence perception index in 2018 , and 22nd out of 27 countries in a more recent EU survey on citizen confidence in judicial independence . However, there is also evidence that refutes the notion that Spanish judges are mainly right-wing, or at least provides a more nuanced picture. While external perception of judicial independence is low, Spanish judges themselves rate their own independence highly, with a score of 8.7 out of 10 . The Constitutional Court, when reviewing cases involving Catalan secessionist leaders, has maintained a restrictive view on disqualification of magistrates based on their public statements or academic work, emphasizing that judges should not be disqualified for their ideas . The Constitutional Court has never been subject to scrutiny for breach of impartiality by the European Court of Human Rights (ECHR) . Furthermore, Spain has only been condemned nine times for breaches of judicial impartiality by the ECHR since 1979, and never for violating judicial independence or politically interfering in jurisdictional matters . This suggests that, from the ECHR's perspective, judicial impartiality and independence have not been a structural problem in Spain . The recent agreement between the PSOE and PP to renew the CGPJ, mediated by the European Commission, is theoretically a "triumph of consensus over party politics" . This agreement stipulates that the majority of CGPJ members will be appointed by the outgoing council, not parliament, a reform considered the "gold standard" by the EU for judicial independence and recommended by the EU Commission . This move aims to take appointments "largely out of the hands of politicians" and explicitly states that former politicians cannot be appointed to the CGPJ or judgeships . The Constitutional Court, while currently having a "slim conservative majority," cleverly ruled against a PSOE-backed law that aimed to lower the majority needed for CGPJ appointments, demonstrating a check on political attempts to "pack the court" , . This decision was seen as unprecedented and a "clear clash against the legislative branch of power," with the Constitutional Court ordering the suspension of a parliamentary procedure for the first time in 44 years of Spanish democracy . In conclusion, while there is a strong perception and considerable historical evidence suggesting a conservative and politically influenced lean within the Spanish judiciary, particularly in its higher echelons due to appointment mechanisms and the ideological composition of judicial associations, it is not definitively established that all Spanish judges are "mainly right-wing." The current system of appointments to the CGPJ has consistently led to politicization and conservative majorities, fostering public distrust in judicial independence , . However, judges themselves maintain a high perception of their own independence , and Spain has a relatively strong track record regarding judicial impartiality according to the European Court of Human Rights . Recent agreements and a significant Constitutional Court ruling indicate attempts and mechanisms to depoliticize judicial appointments and act as a check on legislative overreach, although their long-term effectiveness remains to be seen , , . Therefore, while there is ample evidence of a strong conservative influence and politicization, the statement that Spanish judges are "mainly right-wing" is undetermined as the evidence presents a complex and evolving situation with both supporting and refuting arguments regarding the overall political leaning and independence of the judiciary.