The Supreme Court annuls the promotion of Dolores Delgado to the best class of the tax profession | Spain | EUROtoday

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The Third Chamber of the Supreme Court has annulled the appointment of Dolores Delgado as courtroom prosecutor (the best class of the profession) that the Government made in October 2022, contemplating that it represented an train of “diversion of power” and that the one The function of that appointment was to advertise Delgado when she left the place of state lawyer common. His successor within the State Attorney General’s Office, Álvaro García Ortiz, promoted Delgado to later appoint her prosecutor of the togada courtroom (of the Military Chamber), a place that she now not holds as a result of in June she was appointed prosecutor of the Human Rights and Democratic Memory chamber . However, this final appointment was potential as a result of Delgado was already a courtroom prosecutor, so, with this promotion annulled, the Prosecutor’s Office now has to see the implications of the Supreme Court’s resolution. Fiscal sources guarantee that the Supreme Court’s resolution has no impression on her present place.

The ruling considers it confirmed that the motivation sought by the State Attorney General when proposing Delgado as head of the Togada Prosecutor’s Office was to make sure a promotion for him, and that this deviates from the very function that García Ortiz has been entrusted with to resolve the requires positions within the Public Prosecutor’s Office, “whose vacancies must be filled fundamentally according to the criterion of merit.” Delgado had been Minister of Justice within the Government of Pedro Sánchez between 2018 and 2020, and was then appointed Attorney General of the State, a place she held till July 2022. Upon leaving, she returned to her place as prosecutor on the National Court and, in In September of that 12 months, García Ortiz proposed her as prosecutor of the Togada Prosecutor’s Office, an appointment that was authorised by the Council of Ministers.

It is within the proposal made by the lawyer common to the Government the place the Supreme Court appreciates a deviation of energy. The misuse of energy consists, the ruling states, in “the exercise of administrative powers for purposes other than those established by the legal system.” In this case, the courtroom considers it confirmed that the aim sought by García Ortiz was to make sure Delgado’s promotion to the best class of the prosecutor’s profession, “trying to fill” what, in accordance with the lawyer common, is a deficiency within the laws in drive: that prosecutors common, once they depart, aren’t mechanically promoted to chamber prosecutors.

The ruling agrees to take the actions again to the second previous to submitting the Attorney General’s proposal to the Council of Ministers, so {that a} new one will be made, considering the factors set by the Supreme Court concerning the aim of the facility to resolve requires positions within the Fiscal Ministry. As has occurred on different events, García Ortiz might appoint Delgado once more and attempt to encourage him by adapting to the Supreme Court’s standards, however that promotion might be challenged once more. This is what occurred with the promotion of the Juvenile Chamber prosecutor, Eduardo Esteban, annulled on two events by the excessive courtroom.

Delgado’s promotion reached the Supreme Court after being appealed by one other of the candidates who offered themselves for the place she obtained, prosecutor Luis Rueda. In the session of the Fiscal Council that was to report on the candidates, Rueda García obtained six votes, in comparison with the 5 in favor of Delgado. But the ultimate resolution is the lawyer common’s and he proposed his predecessor. During the controversy, the members in favor of Rueda emphasised his data of Military Law, derived from the very fact of getting belonged to the Military Legal Corps earlier than becoming a member of the prosecutor’s profession, in addition to having continued writing and giving lectures on mentioned department. Those who leaned towards Delgado thought-about her expertise as a prosecutor within the prison jurisdiction to be extra related, along with her deserves as Minister of Justice and later as Attorney General of the State.

The ruling highlights that in that session of the Fiscal Council, García Ortiz insisted that somebody who has been Attorney General of the State shouldn’t return to the prosecutor’s profession in a class decrease than the best, that’s, that of Chamber Prosecutor; and that, though the Organic Statute of the Public Prosecutor’s Office doesn’t present for automated promotion in that sense, he as State Attorney General was keen to treatment that state of affairs, which he thought-about to be a spot within the regulation. In addition, he mentioned that it was a precedence in his administration.

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The Chamber considers “indisputable” that Delgado had not had any expertise in navy issues. “From the point of view of specialization in Military Law, no matter how outdated the appellant’s knowledge and experience were, they are undeniably superior to that of Ms. Delgado,” warns the Supreme Court, which, nevertheless, affirms that not having given precedence The specialization in Military Law doesn’t “necessarily” decide the invalidity of his appointment, for the reason that Military Chamber has a “mixed” composition, with prosecutors from completely different specialties.

What for the Supreme Court determines the necessity to annul the promotion is the choice of the lawyer common to advertise Delgado, however relatively a “visible and undeniable” deviation of energy. “The purpose really sought was to ensure Mrs. Delgado García’s promotion to the highest category of the Fiscal Career for having been Attorney General of the State. And this is not, of course, the purpose that the legal system attributes to the power to call and resolve vacancies in public employment, including positions in the Public Prosecutor’s Office,” says the court, which adds that it is not the end of that power either. “remedy legal regulations that, in the opinion of the State Attorney General, present deficiencies or simply should have other content.”

The court directs a harsh reproach to the actions of the attorney general: “Whatever the opinion that each one may have, the truth is that this automatic promotion has not been wanted by the legislator, nor is it provided for in the law. And, of course, the power of the Attorney General of the State consisting of making the proposed resolution of calls for positions in the first category is not intended to rewrite the rules of promotion in the Fiscal Career, adjusting them to his personal preferences.

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