He General Council of the Judiciary This Friday it issued its report where it considers the Government’s candidate for State Attorney General to be unsuitable, Alvaro García Ortiz.
In the document, advanced by EL MUNDO, the governing body of the judges relies on the ruling of the Supreme Court where the appointment of Dolores Delgado as Chamber prosecutor who had been promoted by García Ortiz. The High Court, unanimously, concluded that the attorney general had incurred in “misuse of power” and the Council highlights that the “spurious use” of his powers discouraged the appointment of this prosecutor.
On this point, the devastating report – approved with the vote of eight members in favor and with seven councilors against – maintains that “the aforementioned ruling annuls the appointment with the argument as evident as it is proven that the same had been incurred. vice of misuse of power, that is, and without it being necessary now to reproduce the terms of the sentence, what the sentencing Chamber concludes, based on the evidence, is that the power to appoint the new Chamber prosecutor was not properly done by the person the best requirements of merit and capacity, inherent in said election, were met, but in a way of gratitude from the proposed candidate to the appointee and in correspondence with an alleged institutional duty, despite recognizing that legally said appointment was not legally appropriate, as is reasoned with sufficient arguments in the sentence”.
After analyzing the High Court’s resolution, the Council indicates that “it does not seem that anyone who makes such spurious use of the important powers conferred on the State Attorney General may be considered suitable for appointment”.
Likewise, the Judiciary highlights the biased appointment policy carried out by García Ortiz as attorney general and his refusal to condemn the term ‘lawfare’.