Conflict between the Interior and CGPJ over judicial independence in the investigation of the assault on Ceuta

New institutional clash between the Executive and Judicial powers in a legislature already more than accustomed to them.

The Minister of the Interior, Fernando Grande-Marlaska, sent a letter this Thursday to Isabel Perelló, president of the General Council of the Judiciary (CGPJ), to complain that Judge María Tardón, of the National Court, prohibited the agents of the National Police whom she commissioned to investigate the assault on the Ceuta border from informing their superiors, and thus the Government.

Marlaska has conveyed to Perelló her "concern" that a judge, in a situation affected by the National Security Law, prevents the agents she commissions as judicial police from informing their superiors in the Corps.

Perelló's response has been automatic, through another letter. The president of the CGPJ has clarified to the minister, who was a magistrate in the National Court itself, that the governing bodies of the judges cannot interfere in any of their decisions, and also clarified that "the function of judicial police corresponds to all members of the State Security Forces and Corps, whatever their nature and dependency."

That is, any police commissioned by a judge automatically becomes judicial, according to Spanish law. At this point, Perelló responds to one of the strong ideas propagated by the Interior after the publication of the CENIF (National Center for Immigration and Borders) report that points to Morocco's responsibilities in the crisis: that the CENIF does not have among its functions to act as judicial police. As long as a judge says it is, it is, says the president of the CGPJ.

Furthermore, Perelló has certified judicial independence as one of the pillars of the Rule of Law. And, in an elegant way, he concluded his response: "In short, I am, as it could not be otherwise, fully agree with you in your assessments about the seriousness and extraordinary nature of the crisis we are facing [arguments used by the minister to request information from Tardón], as well as that the magistrate's actions respond to the exercise of her constitutional functions, for which we must all show the maximum respect," the letter concludes.

First Marlaska wrote that, "as Minister of the Interior, and also as a magistrate, I scrupulously respect, as it cannot be otherwise, judicial independence, the constitutional duty to provide the required collaboration to the judicial bodies in the exercise of their jurisdictional function, as well as the dependence of the judicial police exclusively on the judges and courts and the Public Prosecutor's Office in the performance of its functions."

Entering the topic, he stated that, in the face of a crisis situation that has forced the declaration of a situation of interest for national security, "it should not be incompatible that the information requirements of the judicial bodies are met with all diligence with the notification of superiors and political leaders of any circumstances that may be relevant for decision-making in the management of a crisis of such magnitude."

For her part, Perelló has responded to the governing body of the Judiciary - and therefore, as president of the TS and the CGPJ - she is constitutionally and legally prohibited from approving, censoring or correcting judicial actions, as expressly provided for in articles 12.3 and 176.2 of the Organic Law of the Judiciary.

It so happens that, before being Minister Grande-Marlaska, a career judge - with a place in the National Court -, he was a member of the governing body of judges and, therefore, he knows perfectly well the limitations of the Council on the jurisdictional function exercised by judges and magistrates.