THE RESPONSE OF HONOURABLE JUSTICE DIMITRY BERBEROFF AYUDA VICE PRESIDENT OF SUPREME COURT OF SPAIN

Added: 2026-05-05

[00:00:05]One of the proud promises of the civilized world has always been law, order, peace and discipline have long formed the basis on which countries were classified as first world or third world.

[00:00:17]>> People in the west are a little bit tired from the decades of peace, democracy, wealth and freedom. It is for themselves a little bit boring.

[00:00:25]Administrative justice in Ukraine is a sphere in which the resilence of the rule of law is tasted on a daily basis.

[00:00:35]Uh the Supreme Court of Sri Lanka found the former executive of this country liable for breach of constitutional duties. Rule of law has been advanced in its full planitude in Sri Lanka.

[00:00:48]>> Even the highest office be subjected to constitutional scrutiny. Erh, we are judges. We are not political actors and our duty is to protect the rights in the law under the constitution.

[00:01:03]>> Across Europe and in death globally, narratives questioning the legitimacy of courts have intensified. The chilling effect of this type of action against the judges is a red line not to be quoted.

[00:01:15]>> And in Hungary, judges are not allowed to express political views. Why is defiance of the rule of law gaining political appeal across the world?

[00:01:28]>> Rest assured that the judiciary holds the final move.

[00:01:31]>> We can uphold the rule of law only to a limited extent by our judgments and opinions, but we do not have means to enforce them.

[00:01:39]>> Politicians must not interfere with the substance of judicial decision, but the organization and financing of the courts is a democratic issue too. For one, never ever give up. We simply need an openness to listen.

[00:01:54]>> Thanks to global south network which allow us to believe in a better word of the rule of law.

[00:02:13]Heat up here.

[00:02:39]Heat.

[00:02:55]Heat.

[00:03:10]exist initiative. It's a wonderful initiative.

[00:03:13]>> The global south network open new horizon for judical cooperations.

[00:03:18]>> Gloss will provide a platform for meaningful dialogue and cooperation fostering efforts to build a more equitable and resilient legal landscape.

[00:03:26]GSN network continues to expand areas of activity further strengthening its impact and reach. Universal concept of justice compels us to join our efforts to send this institute the forum for promoting the same >> welld deserved for the hectic activity you have made. I am astonished. I am amazed. I was impressed.

[00:03:46]>> May I at the outset commend you Dr. Aad for the immense work that you're doing in the GSN. The global south network is a much admired initiative. It's commendable. South Network focuses on all disciplines and regions creating a bridge between academia, whole society, legal community, etc. Um, and now I invite uh the honorable vice president of the Supreme Court of uh Spain uh the honorable justice Dimmitri Berber of Auda to deliver his response.

[00:04:42]>> Good afternoon everyone. The president of the Spanish Supreme Court Isabel Pelleo and I wish to thank Dr. Noman riat for conveying this dialogue to exchange knowledge and good practice on so fundamental a topic as the rule of law. It is a pleasure to share with you some thoughts from the brilliant lecture delivered by President Kusini who I have had the fortune of knowing for many years. Uh the world uh is at a historical crossroads marked by global challenges and because of this the defense of the rule of law must not be confined to national borders.

[00:05:22]Judges are the main guarantee of the rule of law obviously not the only one.

[00:05:27]For example in an area close to me such as the European Union the rule of law value could not be fully understood without the court of justice and of course without the national judges.

[00:05:39]From the Spanish perspective, the rule of law is not an abstract ideal either because our constitution of 1978 declares Spain to a via social and democratic state subject to the rule of law. These wars emerged from a transition from the former and authoritan regime to constitutional democracy because of a very broad social consensus.

[00:06:04]Sometimes the rubicon of the rule of law is not cross suddenly but more softly throughout multiple leaks some unpersetable which can sink the ship of the rule of law with its fundamental values. In recent years, Spain has also faced complex situation regarding the rule of law. Some of these have seriously impeded the effectiveness of the judicial response due to an inability to fill vacancies caused by retirement or death in the Supreme Court and other high courts for almost four years. The origin of this situation lies in the failure of our parliamentary system to renew the general council of the judiciary. In fact, the previous council resigned in 2013 with a five-year constitutional mandate remained in office until 2024. That is for almost 11 years. Considering the situation, a 2021 law prohibited the acting council from making discretionary appointments, for example, to the Supreme Court, leaving onethird of its position back until February 2025 when the new council made the pending appointments.

[00:07:17]Hence what is important is not the existent of tension but the why the institution faced the conflict as was the case in the wall no attempted secession in Catalunia which culminated in a unilateral declaration of independence in 2017.

[00:07:34]It is also important that the new technologies cannot evade the judicial control. A judicial response is necessary such as that provided in September 2025 by the Spanish Supreme Court which ruled that the government must disclose the source code of the Bosco algorithm used to determine eligibility for the bonus a public energy subsidy. Individuals affected by algorithm decision must be able to understand that basis of which public benefits are granted or denied. In doing so, the court reinforce a fundamental rule of law principle. Public power whether exercised by a civil servant or by an algorithm remains subject to scrutiny, legality and accountability.

[00:08:27]Across Europe and in death globally, narratives questioning the legitimacy of courts have intensified. The chilling effect of this type of action against the judges is a red line not to be crossed. Destroying public trust in judicial independence for a strategic or political reasons is a dangerous irresponsibility that can erode our freedoms. In this situation, it is legitimate to ask what is happening and how to face it. In my view, this situation can only be overcome through prudence, full respect for the separation of powers and through the strong democratic quality of our societies.

[00:09:07]And in this context, dialogue takes on a particular importance, not only through preliminary rulings within the European Union or advisory opinion under protocol 16 of the Rome Convention, but also by a horizontal dialogue like the one we are holding today thanks to global south network which allow us to believe in a better world guided by the northstar of the rule of law. Thank you very much for your attention.

[00:09:36]Thank you very much honorable justice per of Aayuda vice president of the Supreme Court of Spain for sharing his comments.

[00:10:10]Heat up here.