Overview

• The Commission’s formal opinion, published on October 13, finds that electing judicial members by their peers meets European standards but that leaving the final choice to Parliament does not.
• It urges protections against both external political influence and internal politicization, highlighting risks linked to alignment through judicial associations.
• The opinion notes that European norms allow non-judicial members to be chosen by Parliament with a qualified majority to provide democratic legitimacy and limit corporativism.
• Spain’s government downplays the critique, defends the post‑2001 model as consensual, argues there is no single mandatory European system, and warns a judges‑only election could entrench corporativism.
• The review followed a request from CGPJ president Isabel Perelló after renewal deadlock, with Commission experts visiting Spain about a month before the opinion’s release.