Questioning the justice system and claiming to be the victim of judicial conspiracies has become a recurring behavior in European politics, whereas it was previously exceptional. From the far right to the far left, many political leaders today adopt the role of victim whenever they face judicial decisions that are contrary to their interests.
In his article published by the Spanish newspaper The Confidential, journalist Marta García Aller points out that growing attacks on the rule of law could soon make compliance with judicial decisions exceptional.
With accusations of interference in the independence of the judiciary mounting, Spanish Vice President María Jesús Montero has found herself at the center of a heated controversy after questioning the verdict in favor of FC Barcelona player Dani Alves, in a manner that was seen as a denial of the principle of the presumption of innocence.
She thus found herself – perhaps unwittingly – on a growing list of political figures in conflict with the law, alongside Marine Le Pen, Hungarian Prime Minister Viktor Orbán, and Israeli Prime Minister Benjamin Netanyahu. This list is no longer limited to European leaders, but also includes figures such as Donald Trump and Elon Musk, who have recently intensified their attacks on judges and prosecutors.
Victimization as a political strategy
The author points out that these politicians seem unaware that their positions do not immunize them from justice and that their loved ones may also be called to account. Yet they insist on portraying any legal proceedings against them as a conspiracy aimed at eliminating them politically.
Spanish Prime Minister Pedro Sánchez was one of the first to adopt this stance, announcing a five-day pause for "reflection" following the opening of an investigation into his wife's activities.
This tendency to question justice or claim to be the victim of a judicial conspiracy is now widespread among politicians, whether in power or seeking it. It transcends ideological divides in Europe and beyond, traveling from one alleged political victim to another. What was once a marginal discourse opposing the system has become dominant, without losing its dangerousness.
A weakening of the rule of law
The author cites several examples illustrating this offensive against judicial independence. While Netanyahu is attempting to pass a law placing the Israeli judiciary under the control of politicians, Donald Trump continues to openly defy judicial decisions. For his part, Marine Le Pen mobilizes his supporters against a decision that prevents him from running for office after his conviction for embezzlement.
Paradoxically, the Spanish government presents itself as a European bastion against populism, even as its vice-president attacks the principle of the separation of powers by denouncing a so-called "politicized justice" whenever an investigation targets her.
The future of Europe depends, among other things, on the ability of the rule of law to resist figures like Marine Le Pen, even more than it was able to stand up to Viktor Orbán. Thus, fueling populist anti-justice rhetoric does nothing to position oneself as a head of state, nor to protect a political system already weakened by the rise of extremism, whether right-wing or left-wing.
Between instrumentalization and opportunism
María Jesús Montero has managed to unite all associations of magistrates and prosecutors against her after questioning the presumption of innocence. Meanwhile, Marine Le Pen has managed to unite political opponents as opposed as Donald Trump, Vladimir Putin, Viktor Orbán, Jean-Luc Mélenchon, and the Spanish far-right party Vox. All present her as a victim of judicial harassment, despite her conviction for embezzlement, which disqualifies her from running for office.
However, this escalation could become an asset for his party and his political successor, Jordan Bardella, by strengthening their electoral capital. Donald Trump has proven that portraying himself as a victim in the face of justice can be an effective strategy for winning votes.
According to the author, María Jesús Montero not only undermines the rule of law, but also harms the feminist movement with her statements on Dani Alves's verdict. When a member of the government questions the presumption of innocence, it primarily benefits the discourses most hostile to feminism and institutions.
Instead of using this case to promote a debate on victim protection, the vice president has undermined trust in the institutions she represents. It is no coincidence that these statements are welcomed by the far right, which has long made undermining the justice system a key element of its political strategy aimed at sowing chaos, at a time when Western democracies are facing growing challenges.
A dangerous choice for the Spanish government
The article concludes by stating that while the Spanish government aims to play a leading role in the European project in the face of rising Trump-style populism, it cannot afford to trivialize the weakening of the separation of powers.
If the coalition led by Pedro Sánchez continues on this path, it risks no longer appearing as the antithesis of Trump, but rather as a mere copy of his disciples.
