Marín Castán and Mozo will find themselves in the middle of the conflict that they lead over the succession of Lesmes
MADRID, 17 Oct. (EUROPA PRESS) –
The interim president of the Supreme Court (TS), Francisco Marín Castán, will lead tomorrow the inauguration of the former state attorney general Dolores Delgado as courtroom prosecutor of the Robed Prosecutor’s Office of the TS, an act that the president also plans to attend interim of the General Council of the Judiciary (CGPJ), Rafael Mozo, the two protagonists of the conflict unleashed by the succession of Carlos Lesmes after his resignation from both positions.
As reported by the TS, the act will take place at 1:00 p.m. and will serve for both Delgado and Ana García León, appointed chief prosecutor of the Technical Secretariat of the State Attorney General’s Office (FGE), to swear or promise their respective positions.
Delgado was promoted to the highest category of the fiscal career at the proposal of her successor, Álvaro García Ortiz, since the majority of the Fiscal Council where this and other appointments were voted did so against awarding her this position.
In this way, Delgado obtained the first vacancy for courtroom prosecutor since he resigned on July 20, alleging health reasons after the spinal operation he underwent in April. If he had not obtained it, he was expected to return to his position as prosecutor in the National Court.
García León, for his part, will fill the void left by García Ortiz after being appointed as the new attorney general. He already announced during his inauguration that he would be her successor and referred to her as “the best example of teamwork, safety and reliability at the culmination of collective work.”
Beyond the landing of Delgado and García León in their respective positions, it should be noted that it will be the first act attended by both Marín Castán and Mozo as interim presidents of TS and CGPJ, respectively, and that they will also coincide.
As reported by the TS, Marín Castán will preside over it, while the agenda of the “alternate president” of the CGPJ states that Mozo plans to attend as well and the sources consulted by Europa Press in the governing body of the judges confirm that he plans to go .
The succession conflict broke out on October 9, when Lesmes announced his resignation as president of the CGPJ and TS –positions held by the same person– due to the lack of tangible progress in the negotiations between PSOE and PP to renew the body of government of the judges, as he had warned during the opening of the judicial year, on September 7.
Lesmes tried to leave his succession tied by commissioning a report from the Technical Cabinet of the TS -later supported by the Government Chamber-, according to which Marín Castán would automatically replace him in both positions once his resignation was consummated because he is the one who exercises the Vice Presidency of the Supreme .
However, the CGPJ Plenary agreed last Thursday to raise Mozo, its oldest member, as “alternate president” of the CGPJ, which ‘de facto’ means dividing the head of the Judicial Power.
The Plenary argued that Marín Castán lacks legitimacy to assume both presidencies because he has held the Vice Presidency of the Supreme Court on an interim basis since 2019. For the same reasons, the members conceded that Mozo will not be able to act as the highest authority of the TS either.
Mozo’s enthronement went ahead with 16 of the 18 votes at stake. The only member who voted against, Wenceslao Olea, has already filed an appeal with the Supreme Court against said designation, also requesting as a precautionary measure that it be suspended, an issue that the Contentious-Administrative Chamber must resolve within 48 hours.
