Spain's Judicial System Overhaul: Aligning with European Standards

Spain is reforming its criminal justice system to align with European practices. The proposed bill shifts the investigatory role from magistrates to prosecutors while ensuring judicial oversight. It also curtails 'private prosecutions.' The reform faces political challenges, with criticism from opposition parties on judicial independence.

Spain's government has approved a bill aiming to overhaul the nation's criminal justice system by placing prosecutors in charge of criminal investigations instead of court magistrates. The move seeks to align Spain with its European counterparts, modernizing a system that has relied on 'investigating magistrates' since 1882.

Justice Minister Felix Bolanos emphasized that the reform would adapt Spain's model to those of other democracies, where judges focus on adjudication while prosecutors handle investigations. Although prosecutors will lead inquiries, judges will continue to supervise them, ensuring the protection of fundamental rights and verifying procedural correctness.

The draft bill also proposes curtailing 'private prosecutions,' restricting the ability of political parties and trade unions to initiate criminal proceedings. Instead, only associations with a 'legitimate link' to a case can independently prompt investigations. Despite facing parliamentary hurdles, the reform has sparked debate, with critics arguing it threatens judicial independence.

(With inputs from agencies.)