The courts support ICAM for its statement on amnesty

Administrative Court No. 9 in Madrid has dismissed in its entirety the appeal filed against the institutional statement approved by the Madrid Bar Association (ICAM) on 9 November 2023, in which the Governing Board expressed its concern about the terms of the political agreement signed between the PSOE and Junts, denouncing that its content called into question fundamental principles of the constitutional order such as the separation of powers, judicial independence and respect for the judicial function.

Specifically, the association’s text explicitly rejected the use of the term “lawfare” to refer to the actions of the courts and warned of the risk posed by the creation of parliamentary committees with the intention of scrutinising judicial decisions.

The ruling, handed down on 4 November, confirms that the collegiate agreement is in accordance with the law, does not constitute a deviation from its functions and does not violate the principle of institutional neutrality. The ruling emphasises that the ICAM acted within the framework of the powers conferred on it by both the General Statute of the Legal Profession and its own statutes, which enable it to speak out in defence of the rule of law and constitutional values.

The ruling also rejects the claim that the Free Association of Lawyers — the appellant — had standing to challenge the act, as it had not proven any real, direct or specific harm resulting from the approval of the institutional declaration.

“An unquestionable legal endorsement”

After learning of the ruling, the ICAM Governing Board expressed its satisfaction with a ruling that “expressly recognises the legality, legitimacy and compliance with the law of the agreement approved by the ICAM, ruling out any violation of the principle of institutional neutrality and emphasising that the statements contained in the agreement do not constitute a political stance, but rather the legitimate exercise of collegial functions provided for in the statutes”.

The Board emphasises that the agreement of 9 November 2023 ‘was part of a series of public initiatives by the ICAM that have received broad support from the Madrid legal profession, including a massive campaign to sign up members and unprecedented support from the country’s leading law firms’.

In its assessment, the collegiate governing body points out that “this ruling provides unquestionable legal endorsement of the path taken by the Bar Association,” which stood firm ‘in the face of a virulent campaign of attacks that failed to dampen the ICAM’s firm commitment to legality and democracy.’

“The ruling strengthens the role of the ICAM as a guarantor of the public interest in the legal sphere and as an authoritative and neutral voice in the defence of constitutional values,” adds the Board, which expressly acknowledges the Madrid legal profession: “This ruling is also theirs: it is the triumph of the collective commitment of a profession that does not look the other way when the foundations of our system of freedoms are at risk.”

Broad institutional and professional support

The institutional statement approved by the ICAM in November 2023 not only reflected the Bar Association’s position at a particularly delicate moment for the balance of powers in the constitutional state. It also had an immediate and widespread impact on the legal and professional sector as a whole.

In the days that followed, more than 40 law firms publicly endorsed the text. This wave of support was also joined by 42 professional associations from all over Spain, including those representing solicitors, engineers, economists, doctors and architects.