⚖️ The “Bolaños Law”: Legal Reform or Threat to Judicial Independence?

Spain’s latest proposed judicial reform, led by Minister Félix Bolaños, has sparked intense legal and political debate. The bill, formally known as Organic Law 1/2025, aims to overhaul the process of access to the judiciary and the functioning of the legal system. But while the government presents it as a modernization effort, critics argue it could compromise the very foundations of judicial independence.

🔍 Key Legal Features of the Bill

• New Entrance Requirements: A written practical exam will replace the traditional oral-only model. Oral exams, where retained, will be recorded for transparency.

• Public Scholarships: The reform introduces financial aid for judicial candidates, addressing socio-economic inequality. Scholarships could reach €12,000 per year.

• Centralized Training Oversight: The Ministry of Justice will take a greater role in judicial training, shifting some responsibility away from private preparers.

• Judicial Territorial Reform: A broader restructuring of the judicial map, aiming at efficiency and decentralization.

• Extraordinary Access Routes: A special process will allow temporary or substitute judges and prosecutors to gain permanent status, outside the traditional competitive examination route.

📚 Constitutional and Legal Concerns

1. Separation of Powers

Spain’s Supreme Court and judicial associations have raised alarms, arguing the bill risks infringing Article 117 of the Constitution, which guarantees judicial independence. They warn that the new training and access mechanisms could bring undue political influence from the executive branch.

2. Equality and Merit Principles

Article 23 of the Constitution protects the right to access public office under conditions of equality, merit, and capacity. Critics argue the “extraordinary access” process bypasses these requirements, potentially leading to appointments based on discretion rather than objective criteria.

3. Accelerated Legislative Procedure

The law’s urgent processing—without broad parliamentary consensus or public consultation—has also been criticized. Legal experts question whether sufficient institutional checks were respected during its drafting.

⚖️ Is It Constitutional?

While some aspects (such as scholarships and modernized testing) are widely seen as positive, legal tension arises from the centralization of judicial training under executive control, and from the non-competitive stabilization process. These changes may face constitutional challenges in the future.

🛑 Reactions from the Legal Community

• Judicial associations, particularly conservative ones, have condemned the law as a threat to institutional integrity.

• Some prosecutors have supported the modernization efforts, especially around access and digitalization.

• The General Council of the Judiciary (CGPJ) and the Supreme Court have both publicly expressed serious reservations.

🌍 Possible Legal Challenges Ahead

• Constitutional Appeal: The opposition or affected stakeholders could challenge the law in the Constitutional Court.

• European Scrutiny: If perceived as undermining the rule of law, the reform could attract attention from EU institutions, especially in light of rule-of-law mechanisms used in Poland and Hungary.

🧩 Conclusion

While the “Bolaños Law” seeks to make Spain’s justice system more inclusive and efficient, its methods raise serious constitutional and legal concerns. The balance between modernization and maintaining judicial independence remains delicate—and how this law is implemented may determine whether it reforms or destabilizes one of the pillars of Spanish democracy.