Concerns have also been raised about the separation of powers and the independence of the judiciary in Spain. These concerns have been expressed by constitutional law scholars, judges and the EU Justice Scoreboard, among other agents. Meanwhile, the Spanish government has continued to enact legislation in a way that further entrenches, rather than corrects, the problems identified.

Furthermore, human rights organisations have criticised the increasing use of criminal and judicial measures against non-violent pro-independence activists in Spain. In 2024, Amnesty International’s report on the Right to Protest stated that Spain had used anti-terrorism laws to target and silence non-violent activists. Since 2017, Spanish authorities have increasingly resorted to the criminal code and the judiciary to silence and quash the pro-independence movement.

Also in 2024, the Spanish Courts passed the Amnesty Law, aimed at annulling prosecutions of Catalan pro-independence activists. However, its implementation has taken place in a very selective and unequal manner. The uneven application of the law has continued to raise concerns among political and human rights organisations.