The Impact of Soft Tools of EU Rule of Law on Member States: The Case of Spain

Abstract

This article aims to analyze the interaction between the European Commission and a member state, Spain, in enforcing the rule of law. The case in point is the General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ), whose composition has not been renewed for five years as a result of disagreements between the main political parties, the People’s Party (Partido Popular, PP) and the Spanish Socialist Workers' Party (Partido Socialista Obrero Español, PSOE). This situation has raised doubts about the judicial independence in the country. In this context, the article addresses the following research questions: How has the European Commission influenced political actors to remedy the situation regarding the CGPJ? And how have Spanish political actors used EU actions in the domestic debate on the renewal and reform of the CGPJ? The Spanish case shows that in a pro-European context, political actors strategically use the EU to justify their approach in a given situation. The EU is also perceived as a safeguard against a possible deterioration of the situation. In addition, the visibility of the problem due to the involvement of the EU level makes the politicians concerned about the international image of the country.