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The president of the General Council of the Judiciary (CGPJ) Carlos Lesmes has sent this morning to the members his proposal on the mandatory, but not binding, report that said body plans to approve on Thursday about the next state attorney general, Dolores Delgado, Until now Minister of Justice.

In said proposal, to which EL MUNDO has had access, Lesmes merely points out that Delgado complies with the requirements required by the Law to be a visible head of the Prosecutor's Office without addressing the "suitability" of the former Socialist deputy for the position. There is the circumstance that in the other four occasions in which the CGPJ had to report on the previous general prosecutors - Consuelo Madrigal, José Manuel Maza, Julián Sánchez Melgar and María José Segarra - the president of the governing body of the judges added in its report that "having the merits reflected in its curriculum and for the purposes of the content of the report to be issued by the CGPJ determine the affirmation of its suitability for obtaining the nomination for which the candidate has been proposed".

Sources close to the president of the TS and the CGPJ explain that on this occasion the reference to the possible "suitability" of Delgado has been deleted in this case by being aware of the concern that his appointment has generated in the governing body of the judges and in order to achieve "greater consensus" of the members in the report on the former minister.

As this newspaper has reported, it is expected that a large group of advisers, from the so-called conservative sector of the governing body of the judges, will put this Thursday in plenary on the most controversial aspect of the appointment of Dolores Delgado - from the seat to Attorney General of the State - with the objective of giving an answer to it from within the Judiciary.

Legal sources explain that throughout the afternoon of this Wednesday they were considering giving two types of answers to that attempt to "politicize" the Prosecutor's Office. On the one hand, there was a minority group of members of the conservative council sector that was directly committed to voting against the suitability of Dolores Delgado as the next state attorney general.

However, in the face of this "maximalist stance", as the afternoon passed, he won a second position, which, although he voted in favor of compliance with the legal requirements by the former Minister of Justice, should be collected in a text that this appointment harms the image of the Prosecutor. Up to four conservative members, the CGPJ prepared different drafts on Wednesday with proposals that will be debated after 4.30 pm at the headquarters of the Judiciary.

The draft that the conservative bloc will submit to debate in plenary will underline that the European Court of Human Rights in Strasbourg demands an "appearance of impartiality" for judges and prosecutors. The same, however, must be unified by the vowels.

In principle, and in the absence of the proposal of the conservative bloc being submitted to debate by the Plenary, the members of the so-called progressive sector do not intend to object to the appointment of Delgado as the next attorney general of the State.

The sources consulted explain that "for consistency" it is not for the CGPJ to go "beyond" the legal requirements, when the Law obliges the career prosecutor to present its program for the Prosecutor's Office in the Congress of Deputies soon.

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  • Dolores Delgado
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  • European Court of Human Rights
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