MIL-OSI Europe: Written question – Appointment of Magdalena Valerio to the Council of State contrary to the ruling of the Supreme Court – E-000961/2025

Question for written answer  E-000961/2025
to the Commission
Rule 144
Adrián Vázquez Lázara (PPE)

The government of Pedro Sánchez has called judicial independence and the rule of law in Spain into question by appointing Magdalena Valerio, former Minister for Labour, Migration and Social Security, as a permanent member (Councilor) of the Council of State and president of its second section. This appointment follows the annulment by the Supreme Court of her previous appointment as president of the Council of State, as she did not meet the requirement of being a jurist of recognised prestige.

Instead of complying with the Supreme Court’s ruling, the Spanish Government has resorted to circumventing it, thereby demonstrating a worrying disregard for the separation of powers and the law in force. This case reflects the growing political instrumentalisation of key state institutions.

In view of the above:

• 1.Does the Commission take the view that this appointment violates the principles of the rule of law to which the EU adheres?
• 2.Will the Commission take a position on this issue in the next Rule of Law Report?
• 3.What measures does the Commission have at its disposal to ensure that the separation of powers is observed in Spain?

Submitted: 6.3.2025