The Supreme Court has decided to reject the appeals of PP and Vox against the appointment of Dolores Delgado as State Attorney General. The judges, without unanimity, understand that neither party was entitled to appeal. Two magistrates have voted against this decision and will cast contrary individual votes.
Supreme Court magistrates ask to bring Delgado’s appointment to plenary session for “institutional deference”
The contentious-administrative section was studying this Tuesday the appeals filed by Vox and the Popular Party against the appointment of Dolores Delgado. The two understand that her immediate political past as minister and deputy for the PSOE disables Delgado and calls into question her impartiality. The State Bar, in addition to requesting the inadmissibility of the appeals due to the lack of legitimacy of both parties, argued that a possible partiality should be observed in each procedure in which it intervened.
The case has finally been examined by a section of six magistrates with the presentation of Pilar Teso and under the presidency of César Tolosa, the seventh member of the section and president of the entire third chamber. A few months ago a group of magistrates tried to have the case studied by the plenary session but President Tolosa rejected that option.
To date, the Supreme Court had only analyzed the appointment of a general attorney and it was in 1994 when it annulled that of Eligio Hernandez. In that case, the plenary session of the contentious chamber understood that it did not comply with the legal minimum of having been active for 15 years in the career by not counting within that time the years that he spent as civil governor and government delegate in Tenerife and the Canary Islands, respectively.