The judicial year begins with an open war between the Government and the PP

The opening of the judicial year, traditionally conceived as a solemn act of institutional respect, has become a new playing field this year for the political battle between the Government and the Popular Party, but this time, King Felipe VI is at the center of the dispute.

The executive criticizes the leader of the People's Party (PP), Alberto Núñez Feijóo, for his unprecedented snub to the Supreme Court and the monarch himself, accusing him of "lack of consideration," while the Popular Party (PP) attacks Pedro Sánchez for "tainting" the ceremony with his criticism of the judges and for his staunch defense of an indicted attorney general who, despite being under investigation by the high court, insists on participating in the ceremony.

This is how the week has unfolded, marked by rising tension since Sánchez raised the tone in an interview on Monday with TVE. The Prime Minister, in an attempt to defend the "honesty" of his family and those closest to him, who are under investigation in various legal cases, insinuated that "there are judges who play politics," a statement that raised alarm bells in the opposition and in the judicial system.

In the following days, several ministers tried to soften Sánchez's words, insisting that the Prime Minister is referring solely to a "minority of judges" whose decisions are "very difficult to understand," as is also the opinion of "an overwhelming majority of Spaniards." But these attempts have not diminished the controversy one bit. And Feijóo is taking clear steps that reflect his rejection of Sánchez.

The PP leader, in fact, is doing everything possible to avoid projecting an image of institutional normality at a time he considers "exceptional" given the government's attitude of "attacking and defaming" judges and the judicial situation facing the Attorney General, Álvaro García Ortiz, unprecedented in Spain, as he is responsible for promoting the defense of legality and is currently under prosecution.

Pedro Rollán, the fourth highest authority in the State, will also not be present at the event at the Supreme Court.

In this context, Feijóo reaffirmed yesterday at a party event in Guadalajara that he will not attend the opening of the judicial year at the Supreme Court, convinced that doing so would mean "validating" Sánchez's words and downplaying the seriousness of the Attorney General's participation in the ceremony, despite being under investigation.

The PP leader's decision has triggered an immediate reaction from the government and the PSOE (Spanish Socialist Workers' Party), who accuse him of "disrespect" and "inconsideration" toward the King and the judiciary, given that Felipe VI will preside over the solemn ceremony in the Supreme Court's Plenary Hall. Feijóo, however, asserts his "loyalty" to the institutions, maintaining that precisely out of respect for the monarch and the judges, it is untenable to attend an event that, in his opinion, the government has turned into a new arena for political confrontation.

However, the Galician stressed that the underlying reason for his absence is the prosecution of the Attorney General, who by law must participate in the event despite his legal status.

The PP leader, who is not required to attend, explained that he received the invitation in July, just days after García Ortiz was prosecuted for the alleged leak in the case of the partner of the president of the region, Isabel Díaz Ayuso, who is being investigated for up to four crimes. He added that, upon realizing that he still hadn't resigned, he chose to decline. The absence of the leader of the opposition is compounded by that of the President of the Senate, Pedro Rollán, the fourth highest authority in the State, who has also announced that he will not attend the event, although in his case, he cited family reasons.

The government, in parallel, has closed ranks around García Ortiz. Sánchez even met with him yesterday afternoon at the Moncloa Palace, a meeting included in the president's official agenda, with the aim of demonstrating the strongest political support.

The Executive is committed to resisting, estimating that the judicial process against the Attorney General will be diluted.

The government is confident that the image of this Friday's event, with King Felipe VI presiding over an event attended by the executive branch, will highlight Feijóo's absence. Moncloa's strategy is to resist the lawfare they denounce: if the legal proceedings against the Attorney General end up being dissolved—to this end, they rely on the dissenting opinion of a Supreme Court judge who questioned the opening of the trial without evidence—they believe they will win.

The question is whether they can withstand the pressure until then with multiple open fronts and a parliamentary minority.

The Judiciary is divided in two by the presence of the Attorney General

The General Council of the Judiciary (CGPJ) was practically split in two yesterday by the presence today of the Attorney General of the State, Álvaro García Ortiz, who is being prosecuted for revealing secrets and awaiting a seat in the dock, at the opening ceremony of the judicial year, which the King will preside over at the Supreme Court. The ten conservative members, who had been announcing a response for days, finally asked the president of the judicial body, Isabel Perelló, in a letter to urge García Ortiz to absent himself from the ceremony, where he is due to present the 2024 Prosecutor's Office report. Specifically, they asked him to inform the Attorney General "of the inconvenience of speaking at the event under the current circumstances." They also asked that the Minister of Justice, Félix Bolaños, not take a seat on the bench to demonstrate the Judiciary's rejection of "the unfair and unjustified attacks on judges by the Executive." Shortly before, the conservative associations of judges and prosecutors also issued a statement expressing their "rejection" of the Attorney General's presence. Nine progressive members of the CGPJ responded to these maneuvers in a statement in which they called on their colleagues, without naming them, for "constitutional loyalty," because, as they noted, the Organic Law of the Judiciary requires the Attorney General's presence at the event. They also defended the "consolidated constitutional" custom of the Minister of Justice sitting in court alongside the King. The nine progressive members emphasized that "trust in the pillars of the democratic rule of law is built by scrupulously guaranteeing the principle of legality and the presumption of innocence." For his part, Council member Carlos Hugo Preciado, who did not endorse the text, expressed his displeasure that "it is not institutionally correct for the CGPJ to enter into partisan debate" and recalled that last Wednesday "the King received the prosecutor with absolute normality" and that "the CGPJ should follow that example."