The Constitutional inadmissions Dolores Delgado’s resources for the cancellation of its appointment | Spain

The Constitutional has inadmitted to process the three amparo resources filed by former state general of the State, Dolores Delgado, against the sentences of the Supreme who annulled his appointment as the Prosecutor of the Chamber in the field of human rights and democratic memory. The reason for this annulment was that it had been appointed without the Fiscal Council – maximum representative body of the career – had pronounced on the compatibility between assuming the aforementioned position and being a couple of former Joint Baltasar Garzón, president of a foundation that has defended in its reports the creation of a specialized prosecution in democratic memory.

The guarantee body has considered that the three amparo resources presented « lack special constitutional transcendence. » In this matter, the president of the Constitutional, Cándido Conde-Pumpido, who decided to refrain from his previous position as a attorney general and the hierarchical relationship that he then maintained then with what years later would also be a general prosecutor of the State, has not taken part.

The cancellation of the decree of Appointment of Dolores Delgado SE produced by virtue of three sentences of the Supreme Court, which had as its object as many contentious-administrative resources of different subjects (the Association of Prosecutors, the Independent Professional Association of Prosecutors and an individual, LIC). The fact is that the Cancellation of the designation of Dolores Delgado as a prosecutor for democratic memory He was in force for a short time.

The aforementioned sentences of the supreme were issued between May and June of last year. In July of the same year, the Fiscal Council estimated that the aforementioned responsibility as a prosecutor of democratic memory was effectively compatible with his personal situation as a couple of former Joint Garzón. The obstacle that had opposed the appointment, the attorney general, Álvaro García Ortiz, was appointed. In the vote of the Council, only five of its components participated, while the other seven did not take part considering that the documentation on the case had not been duly completed.

It is still pending resolution, on the other hand, the appeal of Amparo de Dolores Delgado against the Supreme Judgment that annulled his appointment as the prosecutor of the Togada Prosecutor’s Office of this same court. It is an initiative against the cancellation of its access to the dome of the fiscal career. The Supreme Court considered that the attorney general, Álvaro García Ortiz, had incurred « deviation of power » by proposing this ascent, estimating that it was appropriate to do so for the previous responsibility of Dolores Delgado at the head of the State Attorney General’s Office. Together with the former general, the Constitutional also admitted to process the one presented by prosecutor Eduardo Esteban against the annulment of his appointment as a tax prosecutor – the highest category in the race -, in this case of the Minors Prosecutor’s Office.