The opinion of the Spanish on justice: unavailable to corruption although slow and subject to political and economic pressure

Felipe VI and the president of the CGPJ, Carlos Lesmes, pose with the Government Chamber of the Supreme Court before inaugurating the judicial year, last September.JJ Guillén / EFE

A "fully reliable" justice and "unavailable to corruption", although permanently subjected to "pressure" by political and economic groups. This is how Spaniards see the Administration of Justice, according to a survey conducted by Metroscopia for the General Council of the Judiciary (CGPJ). The study

The Spaniards and Justice

, carried out from 1,000 interviews conducted between last April 15 and 20, completes the survey carried out among members of the Judicial Career published in October 2020 (

Justice seen by the judges

) and forms part of the Opinion Barometers that the governing body of the judges has been carrying out since 1984.

The Judicial Power is, according to this study, the best valued of the three powers of the State, although 48% of those surveyed think that the Administration of justice works badly, compared to 33% who believe that it does it well and 18% that estimates that it makes it regular. The fame of slowness that it drags makes 72% of Spaniards think that, whenever possible, it is better to avoid going to it; and an even higher percentage, 79%, maintain that the courts do not have the necessary resources to be able to act more quickly and effectively. This last belief rises to 87% among those who claim to have had contact as users with the courts and declare themselves satisfied with the experience.

To the recognition of the lack of human and material means of justice is added the opinion - held by 84% of those surveyed - that all governments, whatever their ideological orientation, show more interest in trying to control justice than for providing you with the resources you need to function quickly and efficiently. The majority among Spaniards is also the feeling - expressed by 66% - that the courts are under permanent pressure. 89% of those who affirm it attribute them to political groups; 86%, to the Government of the day; 84%, to economic and social pressure groups, and 62%, to the media. However, only 24% of Spaniards believe that the pressures on the courts really end up influencing their decisions.

Positive evaluation of the Judiciary

Spaniards perceive a permanent risk of politicization of the Justice due to the political tensions produced by the appointment of members of the CGPJ, although the survey reveals that 56% have a good opinion of the way in which the Council acts in managing the functioning of the Justice and deciding the appointments of those who are to preside over the different courts.

87% of those surveyed agree with the statement that the current difficulties in renewing the governing body of judges are due to the fact that the political parties that have to appoint members are more interested in trying to appoint people that seem ideologically close to them than in selecting the most prepared by common accord.

Despite the pressures and political tensions surrounding it, the majority of Spaniards see justice as a determining guarantee for the survival of democracy. Faced with the statement "with all its defects and imperfections, the Administration of Justice constitutes the ultimate guarantee of defense of democracy and citizens' freedoms", 68% of those consulted agreed, compared to 32% who agreed. disagreed. The proportion of citizens who said they perceive the Administration of Justice as the institution that represents the ultimate guarantee of rights and freedoms is similar among young people, between 18 and 34 years old (67%); those of average age, between 35 and 54 years (69%); and those over 55 years of age (66%).

The survey also reveals that eight out of 10 respondents (79%) consider that in Spain there is no possibility of bribing a judge and that this statement is made with the same forcefulness by the voters of the PSOE, the PP, Ciudadanos, United We Can, VOX and nationalist or independence parties, the latter being - with 82% - the ones that hold this opinion in the highest percentage. That same opinion, and with identical percentages (and identical transversality between the different electorates) is registered with respect to the Police. However, opinion changes when it comes to assessing the possibility of bribing someone from a court's office to accelerate or delay a case (67% do not believe it is possible and 26% do), someone from a ministry to get a contract or a concession (50% believe not and 46%,yes) or someone from a City Council to obtain a contract or a license (the majority, 54%, consider it possible).

Three out of four Spaniards (74%) also assure that, in general, judges are competent and well prepared for the exercise of their functions, an assessment in which respondents from the entire ideological-political arc agree and that among the most young people (18-34 years) rises to 82%.

This opinion is reflected in the clear preference of citizens for a professional judge (60%) and not for a jury (35%) to decide on their guilt or innocence in the hypothetical case of having committed a crime.

74% think that a judge is in a better position to pass a sentence than a jury made up of people chosen at random.