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  • 'Procés'. Congress disapproves for the second time the Minister of Justice, Dolores Delgado

The next attorney general of the State Dolores Delgado will have to refrain from the causes that affect the Catalan independence challenge, as well as those procedures related to political parties, due to her previous status as deputy of the PSOE and former Minister of Justice.

This is stated by the various tax sources consulted by EL MUNDO, who argue that the future head of the prosecutors of this country will have to discharge the responsibility in number two , the Lieutenant Fiscal of the Supreme Court, a place that is currently vacant after fulfilling the mandate of the prosecutor Luis Navajas last December.

Article 351 f) of the Organic Law of the Judiciary ( LOPJ ), whose reform was approved when Delgado was Minister of Justice, states that "judges and magistrates, and officials of other bodies, who re-enter the corresponding career must abstain , and where appropriate they may be challenged, if they intervene in any matters in which parties or political groups are parties, or those of their members who hold or have held public office. "

In addition, article 219.13 of the aforementioned Law states that "having held public office, held employment or exercised a profession on the occasion of which he has participated directly or indirectly in the subject matter of the lawsuit or cause or in another related to it" is also cause of abstention.

On the other hand, article 28 of the Organic Statute of the Fiscal Ministry maintains that "the members of the Fiscal Ministry will refrain from some of the causes of abstention established for the judges and magistrates in the LOPJ, as soon as they are applicable. The intervening parties. in the aforementioned lawsuits or cases they may go to the superior of the prosecutor in question, in the interest that, in said cases, their non-intervention in the process "and specifies that" when dealing with the State Attorney General will resolve the Board of Directors Prosecutors. "

"Never" has resorted to the Board of Prosecutors

Hence, if Delgado refused to deviate from any of the procedures that affect the process - where he gave political order to the State Advocacy to change the legal classification for 1-O- or on corruption of political formations, the Board of Prosecutors de Sala will have the last word.

This body, considered the General Prosecutor of the Fiscal Ministry, is composed of the members of the Public Prosecutor's Office that hold the highest category of the career. Since the Organic Statute was "reformed" in 2007, "there has never been a circumstance in which, when objective reasons for abstention for a general prosecutor concurred, the opinion of the Board of Public Prosecutors had to be sought in the face of the refusal to depart from it.

On the other hand, there is a precedent to that of Delgado where the Fiscal Council was blunt about the abstention of a prosecutor after passing through politics. This is the case of the former chief prosecutor of Catalonia, Martín Rodríguez Sol , who was in Barcelona number two in 2015 on the list of Democratic Union of Catalonia to the elections to the Parliament.

Rodríguez Sol raised a consultation with the Fiscal Council on whether the LOPJ reform on abstention would be applied retroactively. The answer was affirmative by establishing the advisory body that had objective cause of abstention for the former chief prosecutor of Catalonia in the case of processes that affect both political formations and public offices after his brief visit to Unió. In addition, in September last year, the Fiscal Council determined that these abstentions should occur "without a time limit."

Freedom for appointments

However, where the future state attorney general will have hands-free will be in appointments policy. As this newspaper reported, Delgado must face the renewal of 50 discretionary positions in the fiscal career, including that of his number one , the lieutenant fiscal of the Supreme Court, and that of his number two , the tax inspector, both born members of the Fiscal Council, an organ that precisely reports on the appointments of the Public Ministry.

In addition, the next state attorney general must appoint seven prosecutors from Sala, three prosecutors from the High Court, the prosecutor of the Court of Auditors , the Lieutenant Prosecutor for Anticorruption , as well as the superior prosecutors of Galicia and Aragon , among other charges.

To these changes can be added those that the former head of Justice decides to carry out in the Technical Secretariat of the Attorney General's Office, that is, in the body of prosecutors who are considered as the bodyguard of the head of the Public Ministry .

Amid the controversy over his appointment, the former Minister of Justice faces this Thursday in the Congress of Deputies the examination of political parties on his candidacy. It is expected that the presentation made by Delgado in the Justice Commission will pass between the accusations of the opposition on a war footing because a minister of Sanchez will be the future general of the State. Especially when the career prosecutor, as a member of the Executive, was very questioned and came to be reproached for the scandal of the commissioner Villarejo tapes.

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