The Professional and Independent Association of Prosecutors (Apif) has gone one step further and has decided bring the renewal of the head of the Attorney General’s Office of the State of Álvaro García Ortiz to the Supreme Courtthrough a contentious-administrative appeal that trusts to follow in the footsteps of those who have annulled recent appointments of the public ministry, among them, the one that promoted her predecessor in office, Dolores Delgado, to the highest category of the career, upon understanding which had been agreed upon due to “misuse of power”.
As the renewal took place by decree on December 27, the minority association, but which has a member on the Fiscal Council, Salvador Viada, You still have time to challenge it. “The Apif, which demands a constitutional prosecutor’s ministry, integrated into the judiciary and with functional autonomy with respect to it, cannot but confirm that the prosecutor model that the Government intends is exactly the opposite of the one designed by the constituent,” argues the collective, which believes that “it has shown itself blatantly partial in its support for the Government”.
In a statement he adds that “has omitted any obligation due to the institution, its prosecutors and disrespected the Fiscal Council by appropriating any of its decision-making powersand if that were not enough, condemned for misuse of power in the Supreme Court in unusually harsh terms”, which he says “means transmitting to society a dependency on the Government that was already reflected in that sadly popular demonstration”, and then remember the words of the President of the Government in an interview in which he asked that “who does the prosecution depend on?”, implying that it was from the Executive.
“Respecting the designation made by the Executive, we consider that the present attorney general has neither the disposition, nor the attitude, nor the character, nor the conviction to be an Attorney General of the State and not of the Government,” asserts the group, which recalls that The General Council of the Judiciary, whose mandate has expired for more than five years, declared him unsuitable for renewal.
The Apif also questions his suitability due to his conviction for “diversion of power” when the appointment of Dolores Delgado was annulled. In addition, the appeals filed against the appointment of Dolores Delgado as prosecutor of the Democratic Memory Chamber are also pending resolution. The Chamber has set for next March 12 the deliberation correspondent.
“The public prosecutor’s office is configured as a key and essential institution within the Judicial Branch. It cannot be transferred to the citizens, with the appointment of the general prosecutor, the top of the public ministry, which remains within or in the orbit of the Executive. Precisely because of the actions that García Ortíz has carried out, In our opinion, he is not suitable to perform, in accordance with the Constitution, the functions assigned to the Attorney General, among them the leadership of all prosecutors in Spain,” defends the Apif.