Ask the TSJ of Madrid to suspend the decree considering it “disproportionate”
MADRID, 18 Ago. (EUROPA PRESS) –
The Association of Prosecutors (AF) has filed an appeal against the decree signed by former State Attorney General Dolores Delgado on July 4, the one by which members of the Public Ministry are urged to declare whether or not they prepare opponents, considering it “unnecessary” and “disproportionate”.
In a statement issued this Thursday, collected by Europa Press, it is stated that the AF has filed the contentious-administrative appeal – dated July 28 – and has requested the precautionary suspension of the aforementioned decree. It should be remembered that the Professional and Independent Association of Prosecutors (APIF) filed an appeal against the same text on July 13.
In the decree promoted by Delgado, it was agreed that the chief prosecutors of the different prosecution offices and bodies of the Public Ministry would send the corresponding model declaration to all the members of their respective staff, who must complete it, initial it and send it before September 30.
From the AF they have assured that said obligation “does not suppose any novelty because it already had a normative reflection in the repealed Regulation of 1969”. In his opinion, the decree “was issued with a different purpose”: “to impose” on “the vast majority” of prosecutors “to declare in an official document that they do not do something in particular.”
According to the association, “once this dangerous path has begun, nothing will prevent new obligations from being imposed in the future at the whim of the State Attorney General’s Office (FGE).” “The underlying issue is of enormous significance”, the AF has warned, considering that the main thing lies in determining whether the FGE can assume “exclusive powers of the legislative power that define the Organic Statute of the Public Prosecutor’s Office”.
In this sense, the AF has insisted that the decree “imposes” on them an “obligation not provided for in the norm, unnecessary and disproportionate” because, as it has indicated, it can “affect the rights to privacy, freedom and protection of data”.
Within the framework of the statement, the association has specified that the appeal was admitted for processing on July 29 by decree of the Lawyer of the Administration of Justice of the Seventh Section of the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid . As indicated, the judicial body agreed to request the administrative file from the Attorney General’s Office and ordered the creation of a piece of precautionary measures, transferring it to the Public Ministry for a ruling.
On August 12, the chief inspector prosecutor issued a decree in which she agreed to send the required file and the notification of the resolution to the Progressive Union of Prosecutors (UPF), to the Independent Professional Association of Prosecutors (APIF) and to “all and each of the prosecutors in all of Spain”.
For the AF, it is a “manifest confusion” between the figure of the interested party and the defendant. “The Tax Inspectorate seems to understand that all prosecutors considered individually could have the status of defendants by the Association of Prosecutors, as could the two professional associations,” she said.
Thus, the AF has stressed that “it does not sue the entire race” and has ensured that “the actions of the Attorney General’s Office show, in any case, an erratic position.”
