The Attorney General of the State takes part in the debate on the amnesty law
Álvaro García Ortiz, Attorney General of the State, has issued a letter addressed to the president of the Senate, Pedro Rollán, in response to the request made by the Senate Bureau.
In this letter, García Ortiz emphasizes that the Fiscal Council does not have the authority to issue reports on legislative proposals pending before Congress.
This is a heavy blow for the political parties PP and Vox, which sought to politicize the public ministry through this strange request.
The lack of competence of the Fiscal Council in this matter
García Ortiz recalls that according to the Organic Statute of the Public Prosecutor’s Office, the Fiscal Council only intervenes to report on draft laws or regulations that affect the structure and functions of the Public Ministry.
Therefore, there is no legal provision that allows the Fiscal Council to issue reports on legislative proposals pending before Parliament.
Respect for the functions of the General Council of the Judiciary
In his letter, García Ortiz clearly distinguishes the functions of the Fiscal Council and those of the General Council of the Judiciary.
He emphasizes that they are different organizations with specific areas of action.
The effects of the Public Prosecutor’s opinion
The Attorney General warns that giving an opinion on the amnesty law could affect the normal operation of the institution and interfere with the decisions taken by prosecutors.
It also reminds that the prosecutors will have to position themselves procedurally in relation to the scope of application of the rule in case it enters into force.
The legal functions of the Attorney General
García Ortiz emphasizes that he intends not to exceed his legal duties and that compliance with the instructions of the Attorney General of the State is a priority.