The attorney general, Álvaro García Ortiz, has informed the Fiscal Council this Thursday that his predecessor, Dolores Delgado, will be the new chief prosecutor of the Military Chamber of the Supreme Court.
Delgado’s promotion to the first category It occurs despite the contrary report from the Fiscal Council, the only body partially elected democratically by prosecutors.
The incorporation of Delgado to the Board of Prosecutors of the Chamber, the so-called generalship of the race, takes place only two months after resigning as attorney general citing health reasons.
[Dolores Delgado dimite como fiscal general y el Consejo de Ministros nombra a Álvaro García]
His successor at the head of the Public Ministry -who was, in turn, promoted by Delgado to the category of Chamber Prosecutor by appointing him head of his Technical Secretariat – has not hesitated to ‘reward’ the former attorney general, who, in this way, will not join her second-category position in the National Court.
This was the destiny she had before becoming Minister of Justice and then head of the Public Prosecutor’s Office. Delgado stops being like that, of being a “trench prosecutor,” as she liked to say.
During his tenure as attorney general, Delgado failed to get a legal provision approved so that the attorneys general, upon dismissal, would automatically become courtroom prosecutors if they no longer had this category, as was his case.
Last March, the Socialist Group in Congress took advantage of a legislative initiative outside the prosecutors’ statute -the bankruptcy law- to introduce an amendment that would have promoted Delgado’s promotion to the first category of the race.
But the amendment had to be withdrawn in June due to lack of support: not even Podemos, a partner of the PSOE in the Government, supported it.
[Los fiscales aplauden la retirada de la enmienda que premiaba a Dolores Delgado con un ascenso]
The promotion has taken place anyway, although by a more costly route for the new attorney general, since has had to ignore the Fiscal Council, the body that represents the prosecutors, to carry out the appointment.
Members close to the minority Progressive Union of Prosecutors once again see their presence increased in the Board of Prosecutors, a trend markedly followed by Delgado. Eleven of the 13 promotions to the first category promoted during his mandate favored associates of UPF.
Delgado competed with 19 other candidates for the Prosecutor’s Office of the Military Chamber, a jurisdiction in which he lacks experience, unlike other candidates such as Louis Wheelwhich has belonged to the military legal body.
Rueda has been, in fact, the candidate most supported by the Council: obtained six votes (all the members of the Association of Prosecutors) compared to four for Delgado (the two members of UPF and the natural members of the Council, the lieutenant prosecutor, María Ángeles Sánchez Conde, and the head of the Inspection , Maria Antonia Sanz)
At this Thursday’s meeting, García Ortiz has also announced that he will propose to Marta Durantezuntil now assigned to the Technical Secretariat and specialized in occupational accidents, as the new tax lieutenant of the National High Court instead of Miguel Angel Carballowho had held that position since 2017 and was running for re-election.
Carballo has received seven votes (those of the directors of the Association of Prosecutors and that of Salvador Viada, of the Professional and Independent Association of Prosecutors) compared to the 4 that Durántez has had.
This has been supported by the members of UPF, the association to which it belongs, and by Sánchez Conde y Sanz.
Alexander Luzon, for his part, has been elected for a new term as head of the Anti-Corruption Prosecutor’s Office. He has been endorsed by every member of the Council except Viada.
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