The conservative and majority Association of Prosecutors has decided to take to the Supreme Court the order of the Attorney General that obliges the members of the Public Ministry to declare if they prepare opponents. In a statement, this association explains that the third chamber has already admitted its appeal against this measure, which also met with the opposition of the Professional and Independent Association of Prosecutors and with the favorable reception of the Progressive Union of Prosecutors.
The Attorney General's Office requires prosecutors to report on whether they prepare opponents
As reported by elDiario.es last July, the then Attorney General Dolores Delgado issued a Decree in which members of the prosecutorial career were obliged to report on whether or not they were preparing opponents for the judicial or prosecutorial career. The objective, according to sources from the body that Álvaro García now directs, is to prevent a prosecutor who prepares opponents from also being part of a court that will later have to examine those aspiring members of the Public Ministry.
📄 Statement from the AF
👉 In it we explain the position of the AF against the Decree issued by the previous FGE that forces Prosecutors to declare whether or not they carry out the work of preparing for access to public service. 👇https://t.co/SnsovuvA4Z
— tax association (@AFiscales) August 18, 2022
The Professional and Independent Association of Prosecutors, led by Salvador Viada, has already presented its objections to the Prosecutor's Office itself, but now the Association of Prosecutors has announced that at the end of last month it filed an appeal with the contentious-administrative chamber of the supreme court. An appeal that, as explained in a statement, has been admitted for processing to proceed to study the entire file. The association also requested precautionary measures so that this obligation would be suspended before September 30, the date on which the prosecutors are obliged to have communicated this information.
This association understands that the obligation to declare if a prosecutor prepares opponents is already included in the 1969 regulation and that the intention of the Attorney General's Office is to open the "dangerous path" of allowing this body to impose "new obligations at the whim of the attorney general ”, creating a “new catalog of obligations” outside the rules that already exist. According to the AF, this is an obligation "not provided for in the regulation, unnecessary and disproportionate" that can affect the rights to "intimacy, freedom and data protection".
As explained by elDiario.es in several reports throughout 2020, active judges and prosecutors dedicate part of their time to preparing opponents for entrance exams, taking advantage of their experience. In some cases, these trainers declare the money they charge and the number of people they give lessons to, but others do not, which implies hundreds of euros collected in black money and without giving any part to the Prosecutor's Office or the Council. General of the Judicial Power.