The Paradox About Judges: 40% Retire Early, but the Supreme Court Asks to Extend the Age of Active Service
A significant percentage of judges in Spain are retiring early due to workload, while the Supreme Court requests an extension on the maximum service age.
In Spain, a recent report from the Francisco de Vitoria Association reveals a striking paradox in the judicial system, where almost 40% of judges opted for voluntary retirement in 2025, despite the Supreme Court's request to prolong the active service age. The data indicates that 117 judges retired in 2025, with approximately 60 forced retirements due to age and 46 voluntary or anticipatory retirements. This trend raises concerns about staffing levels and the implications on court efficiency and justice delivery.
The study attributes the high early retirement rate to overwhelming workloads faced by judges and the "delegitimization" of the Judiciary by other state powers. With a mandatory retirement age set at 70, and the possibility of extending service to 72, the necessity for judges to retire early poses a challenge for maintaining judicial continuity and stability. It highlights a growing tension within the judiciary about the balance between serving adequately and facing immense operational pressures.
The Supreme Court's call for extending the active service age raises questions about how these changes could address current issues within the judicial system. If implemented, this extension could provide more experienced judges to handle heavy caseloads, but it also raises concerns about burnout and the mental toll of prolonged service. As Spain confronts these challenges, the need for systemic reforms in the judicial framework becomes increasingly urgent to ensure both the integrity and functionality of the nation’s legal system.