The General Council of the Judiciary, will be full this Thursday, the suitability of Dolores Delgado as the new attorney general of the State, according to sources in the government body of the judges. The Council will comply with the constitutional provision of giving his opinion —not binding— on the candidate proposed by the Government as the head of the public ministry. The designation of Delgado, prosecutor of the National court and until this Tuesday, minister of Justice in functions, has generated surprise and astonishment among prosecutors, who considered that his appointment aims to ensure the control of the Executive over the prosecution. In the transfer of the portfolio to the new minister, Juan Carlos Campo, Delgado has avoided confirm or deny that it will be the new attorney general and has been limited to say that “wherever you are” the protection of the victims will be the hub of your performance.
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The article 124 of the Constitution provides that the attorney general “shall be appointed by the King, at the proposal of the Government, having heard the Council General of the Judiciary”. In the past, according to sources consulted by this newspaper, this report of the governing body of the judges, was of some importance, despite not being binding. In 1986, in a similar situation, when Javier Moscoso passed without a solution of continuity of the Council of Ministers –was the holder of the Presidency– to the dome of the Prosecutor’s office, endorsed the nomination with 13 votes in favour, six against and one in white. The vocal conservatives considered so that a candidate fresh out of the Executive might be inclined to be linked to their policies.
According to judicial sources, the General Council of the Judicial Power is practically limited at the present to see if the candidate meets the requirement of being a Spanish jurist “of recognised prestige with over 15 years of effective exercise of their profession”, as the law requires. Delgado has more than 25 years of experience as a prosecutor in active, and that this formal requirement the more than meets.
The true weight of a pronouncement on the suitability of the candidate falls, since 2004, in the Congress. After the reform of the Organic Statute of the Prosecutor’s office, the law that develops the constitutional precept on the tax ordered that once it has received the report of the Council, the Executive will forward its proposal to the Congress of Deputies. The Justice Committee of the Chamber shall determine an appearance of Slim, to which the parliamentary groups are able to “assess the merits and suitability” of the candidate to lead the office of the Prosecutor. After this appearance in parliament, the hitherto minister of Justice may swear or to promise the Constitution in the King and take possession of the charge in the Supreme Court.
The appearance of Thin in the lower Chamber promises to be hard. The Courts, in the previous legislature, failed on three occasions to Thin. The first one was for supposedly having lied about his relationship with the commissioner-retired José Villarejo, currently in prison, following the publication of audio tapes of a meal that he had with several police officers in October of 2009, when he was a prosecutor of the National Audience. The second was for not having defended in a first moment to the judge of the Supreme Paul Llarena when the former Catalan Carles Puigdemont I put a claim in Belgium, where it is escaped. The third had to do with the position of the State bar —under the Government—, when he applied for a conviction for sedition and not rebellion to the pro-independence leaders accused in the trial of the procés.
The parliamentary groups of the opposition will be warring against Delgado. The PP has already advanced that it would use judicial appointment in the belief that it violated the organic statute that enshrines the independence of the head of this body. Vox has submitted on Monday a complaint against the president, Pedro Sanchez, and Dolores Delgado by traffic of influences. And Citizens have considered that his appointment seeks to “politicize the justice”.
the leader of The PP, Paul Married, this Monday, in an informative breakfast Forum Europe in Madrid. In video statements be Married. EFE | ATLAS
Two of the three associations of prosecutors have rejected the proposal of Delgado as attorney general. The president of the majority Association of Prosecutors, Cristina Dexeus, said on Onda Cero his “stupor” for the future appointment. “I think that is a very obvious of wanting to indicate that the prosecution want to put to the Government, because there is no other way you can explain,” he said. “We show our surprise at the appointment of Dolores Delgado. Although we recognize its qualities, the appointment is not moved, nor much less the feeling that the Government aims to be in the decisions of the office of the Prosecutor. We hope that the facts desmientan this appearance,” he said on Twitter the Professional Association of Independent Prosecutors, institution of a minority.
Slim has only gained the support of the Progressive Union of Prosecutors, to which he belonged before becoming a minister. The spokesperson of this association, Teresa Peramato, has recognized that the appointment “could lead to reluctance”. However, in statements to Europa Press, has stressed that “you have to give a vote of confidence,” since Delgado is aware that the attorney general of the State is a figure “absolutely independent during his tenure.”
Among the members of the career judicial and prosecutorial consulted by this newspaper, the astonishment at the appointment of Slim is general. The respondents, on condition of anonymity, considered that his appointment mainly seeks to control the resulting judicial process independence Catalan and modulate the actions of the Prosecutor’s office, which until now has maintained positions of great hardness to meet the challenge sovereignty.
“Construct a new model of justice”
The appointment of Dolores Delgado as the new attorney general has monopolized the corridors in the ceremony of inauguration of the new minister of Justice, Juan Carlos Campo. The new owner has called on all the institutions and legal operators to add “effort” to get a State pact for Justice. “Let’s try to between all do what we have not achieved. Construct a new model of Justice”, has emphasized Field in his speech, a time that Slim has given him the respite in the ministry.
So, Field order “to rally the positive energies to the modernization of Justice” and to give the citizens what they “claim”: that the Justice is “understandable”. And all thewhat, “in a reasonable amount of time”, he added. “Democracy has not vertebrate in the Justice of the change and modernization that have taken other sectors,” he acknowledged.
Field has been wrapped up in the ceremony by his fellow Cabinet Fernando Grande-Marlaska, Margarita Robles, José Manuel Rodríguez Uribes, and the vice-president Teresa Ribera. In the inauguration were present, among others, the judges of the Audiencia Nacional José de la Mata and Santiago Pedraz, and the chief prosecutor of the Audiencia Nacional, Jesús Alonso.
