MADRID, 9 Feb. (EUROPA PRESS) –
The Independent Professional Association of Prosecutors (APIF) has presented this Thursday an appeal to the Supreme Court against the Government’s decision to renew, last December, Álvaro García Ortiz as State Attorney General, since it does not consider him suitable for the position and believes his appointment to be contrary to the law.
For APIF, García Ortiz “is not suitable to perform, in accordance with the Constitution, the functions assigned to him, including the leadership of all prosecutors in Spain”, due to his actions since he was elected to the position in 2022, according to indicated this Friday in a press release, collected by Europa Press.
The association mentions the annulment of appointments of Court Prosecutors due to misuse of power, as in the case of Dolores Delgado García, her predecessor in office. He also points out that once he was renewed by the Executive as attorney general, he decided to “deprive” the Fiscal Council of the possibility of making the report that the Senate had requested on the amnesty law proposal.
They also emphasize that the Organic Statute of the Public Prosecutor’s Office requires in its article 29 that the candidate for attorney general must be a jurist of recognized prestige, a requirement that, for APIF, “although it could have occurred” in García Ortiz, “has declined since the moment that it has been condemned by the Supreme Court, as an authority that acts with a misuse of power, using its powers for a purpose other than that established by the law.”
APIF emphasizes that the Prosecutor’s Office is configured as an essential institution within the Judicial Branch, so “it cannot be transferred to the citizens, with the appointment of the FGE, the top of the Public Ministry, that it remains within or in the orbit of the Executive.” And he points out that he agrees with the General Council of the Judiciary (CGPJ) considering him not suitable for the position.
