The Supreme Court decided on Tuesday dismiss the execution incident promoted by the Association of Prosecutors for the way in which the former attorney general, Dolores Delgado, complied with the sentence that annulled the appointment of Eduardo Esteban as coordinating prosecutor for juvenile matters.
The Contentious-Administrative Chamber of the Supreme Court revoked Esteban’s appointment on April 19, finding that Delgado had not justified the election of a prosecutor whose professional curriculum was completely outside the realm of minorspostponing another candidate, José Miguel de la Rosa, a specialist in that jurisdiction.
Thin June 1 he reappointed Eduardo Esteban.
[La Asociación de Fiscales pide al TS que impida la “burla” de Dolores Delgado con el fiscal de menores]
In a 22-page decree, the then attorney general stated that the performance of the functions assigned to the position in dispute “not only requires that the candidate have knowledge in the specialty of minors, but also in matters of criminal investigation, management, coordination, supervision, statistics, institutional representation, management, etc.”.
And Esteban “accommodates himself to a greater extent” to this set of functions, “at least in accordance with the design of the Public Prosecutor’s Office that this State Attorney General intends to implement,” he indicated.
For the Association of Prosecutors, Delgado’s decision represented a “mockery” of the ruling of the high court.
“Although it is formally executed [la resolución del TS] As soon as there is a proposal, it does not minimally meet the guidelines that the Supreme Court gives”, maintained the majority association of the prosecutor’s career in the execution incident that it promoted.
In his opinion, the attorney general “has blatantly ignored the requirement that the proposal must weigh and analyze, always in terms of minors, the merits of the two candidates.”
Instead of doing what was ordered by the Chamber, the AF argued that Delgado has undervalued -in a contradictory way- the merits of De la Rosa while “he has not the slightest qualms about justifying his proposal to assess the merits of Esteban that he introduces ex officio, that is say, that he did not even allege this when he presented his candidacy”.
The Supreme, without going deep of the arguments put forward to reappoint Esteban, he has rejected the incident of execution.
According to high court sources, Dolores Delgado fit as ordered by the Supreme Court, which demanded that he give “a reason for the greater suitability of the candidate he proposes for the controversial position after weighing and analyzing, always in terms of minors, the merits of the two candidates in contention, reasoning that allows deducing his opinion on the capacity according to the requirements that are foreseen for the action of the Public Prosecutor’s Office in matters of minors”.
“The sentence has not been eluded. The person responsible for the appointment has given her reasons and has made a comparative assessment between the candidates,” these sources explain. “A different question is the legal correctness of those reasons.“, they qualify.
This last consideration is relevant, since both the Association of Prosecutors and José Miguel de la Rosa have filed autonomous lawsuits against the second appointment of Eduardo Esteban.
[El fiscal relegado dos veces por Dolores Delgado recurre el ‘incumplimiento disimulado’ del fallo del TS]
It will be within the framework of these demands, which have already been admitted for processing, where the Chamber will evaluate the validity of the reasons used by the former attorney general to re-appoint Esteban.
The judicial battle around the prosecutor of the Juvenile Hall, therefore, continues.
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