• Controversy The PSOE 'strains' a reform to promote Dolores Delgado and guarantee her the highest category when she leaves the Attorney General's Office

  • Justice The reform of the Government foresees that the attorney general informs him of political cases

The

Association of Prosecutors,

the majority in the Prosecution Career, has addressed the European Commission through a letter sent to the European Commissioner for Justice,

Didier Reynders,

and to the Vice President of the European Union for Values ​​and Transparency,

Vera Jourová,

transferring its "honda concern" in the face of the amendment that the PSOE has registered in the Bankruptcy Law to covertly promote the current Attorney General of the State and former Minister of Justice,

Dolores Delgado

,

to Chamber Prosecutor (that is, a prosecutor of the highest category) when termination of office.

In the letter, the AF explains that the full text of the amendment has caused enormous concern for establishing mechanisms that "in no way comport with the recommendations that

GRECO

and the Commission itself have been making to Spain with the aim of promoting independence of the Public Prosecutor's Office, subject relations between it and the government to the principles of openness and transparency and separate the appointment of the State Attorney General from purely partisan decisions".

"The reform promotes a new shadow space where institutional relations can develop, this being absolutely contrary to the principles that govern the European institutions," they emphasize.

The prosecutors maintain that "the need to reform the

Organic Statute of the Public Prosecutor

's Office is an undeniable reality, thinking of a criminal procedure model where the prosecutor assumes the investigation of crimes as occurs in the countries around us" and they add that this legal modification "it should be accompanied by the necessary reflection and reports from the General Council of the Judiciary and the Fiscal Council" although with the amendment presented "these reports will be hidden" giving "the feeling that its ultimate purpose is to reward the current attorney general of the State at the end of its mandate, which would entail a greater politicization of the Institution".

"An insufficient obligation of written documentation and registration of communications between the Government and the Attorney General of the State is established, which is perfectly salvageable through the artificial distinction of who is the party that establishes the communication. Or, in other words, it appears comply with part of the recommendations made to Spain both by the European Commission and by GRECO, and then a letter of nature is given to a route intended precisely to avoid the documentation, registration and publicity that must preside over communications between the Government and the Ministry Fiscal as materialization of the transparency of the Public Administrations", they denounce from the AF.

On the other hand, from the majority association of prosecutors they highlight that "according to the integrity of the amendment, we would find ourselves before a state attorney general, proposed by a government presided over by the same person who made her Minister, with whom she shared a list and electoral project, which will be able to inform the Government of matters that it deems to be of special relevance without having to leave a written record of the reports that it sends to the Government for that purpose, nor of course making it public, not just the information shared, but the simple fact of sharing information with the Government, which will obtain the reward of acquiring the status of Chamber Prosecutor when he ceases as State Attorney General".

With the letter sent, the high European institution is asked to take note of the projected reform and the risk that it poses to the rule of law, "adopting, where appropriate, the measures it deems appropriate to avoid undermining the independence of the The Public Prosecutor's Office and its impartiality as a key element in any democratic system".

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