The PSOE spokesman in the Congress of Deputies, Héctor Gómez, announced on Tuesday that his group has withdrawn an amendment to the Bankruptcy Law that guaranteed Dolores Delgado a position in the Supreme Court after leaving the State Attorney General's Office. The text had generated a generalized rejection among the partners of the Government and also in United We Can, and had provoked an angry response from courtroom prosecutors who asked to withdraw it from the aforementioned initiative.
Delgado faces a complicated mandate with a Fiscal Council cornered by the internal opposition
Gómez wanted to separate the amendment from Delgado's situation. "It was not an ad hoc measure for a specific case," he said at a press conference. In addition, he has recognized that "after the dialogue with the parliamentary groups it was not time to keep that amendment present". "We have agreed to withdraw him," he has settled.
What the socialist group was proposing was to include a final provision in the Bankruptcy Law, which is in parliamentary proceedings, which reflected that, when the appointment falls on a member of the career in a special services situation, as is the case of Delgado , “will acquire the category of prosecutor of the Chamber of the Supreme Court once his dismissal takes place”. It also affected the cases in which the Prosecutor's Office is obliged to inform the Government about ongoing investigations.
The current Statute of the Public Prosecutor's Office, in force since 1981, explains verbatim in its article 9.2 that the General Prosecutor's Office must inform the Government "when it is interested and there is no legal obstacle, regarding any of the matters in which the Public Prosecutor's Office intervenes, as well as as well as on the functioning, in general, of the Administration of Justice. In exceptional cases, he may be called to report to the Council of Ministers.”
Prosecutors denounced the “bankruptcy” of their autonomy
The PSOE amendment now withdrawn, he added that the Prosecutor's Office will report at the request of the Government “on those matters of special importance in which it intervenes and that due to its nature and relevance it must know. This information may also refer to the functioning, in general, of the Administration of Justice”.
Last April, a total of 16 prosecutors from the Supreme Court, including two former state attorneys general, signed a letter in which they addressed the attorney general to urge the PSOE to withdraw its amendment. The letter was signed by heavyweights from the Public Ministry: the procés prosecutors Javier Zaragoza, Jaime Moreno and Fidel Cadena, the computer crime prosecutor Elvira Tejada or the former Anticorruption prosecutor Manuel Moix, among others. It was also signed by two former State Attorney Generals: Consuelo Madrigal and María José Segarra.
The court prosecutors charged harshly against the PSOE amendment. "It unequivocally represents a strengthening of the dependency relationship of the State Attorney General with respect to the Government," they pointed out in a letter that also stated that the amendment implies "a significant breach of the autonomy and independence" of the Prosecutor's Office.
The amendment, these courtroom prosecutors pointed out, "consecrates a privilege by virtue of which the Executive Power, beyond the criminal policy relations that it must maintain with the institution for the proper functioning of the Administration of Justice, would have through the action carried out by the Public Prosecutor's Office of an extra-procedural access that would allow it to know first-hand the content of judicial proceedings and especially sensitive investigations, particularly criminal ones, to which no one other than the parties to the process should have access”.