Introduction
In recent days, the Popular Party (PP) has announced that it will file a complaint against the State Attorney General, Álvaro García Ortiz, for alleged administrative prevarication in the promotion of Dolores Delgado to prosecutor from the Military Chamber to the Supreme Court. This legal action has generated great controversy and has put the independence and impartiality of the Public Prosecutor’s Office at the center of the debate.
The context of the rise of Dolores Delgado
According to the PP, the promotion of Dolores Delgado to the highest category of the Public Prosecutor’s Office was carried out with the objective of “paying a debt of gratitude” and promoting her incorporation into the career in said category. The party argues that the attorney general had a “decisive character” in this appointment, alleging that a crime of administrative prevarication was committed.
It should be noted that the Supreme Court already annulled Delgado’s promotion last November, considering that there was a “diversion of power” on the part of his successor. Now, the PP presents a complaint in which it maintains that García Ortiz knew that he did not have the legal support to propose Delgado for the position, and that the proposal was “arbitrary” and was made against the opinion of the majority of the Fiscal Council.
Additional allegations against Dolores Delgado
In addition to the complaint for administrative prevarication, PP sources have highlighted that Dolores Delgado has recently been accused by an anti-corruption prosecutor of removing him from investigations relevant to the commercial interest of her partner, former judge Baltasar Garzón. These accusations have generated even more controversy around Delgado’s actions and his possible influence on judicial decisions.
The Supreme Court ruling
In the ruling last November, the Supreme Court considered that the promotion of Dolores Delgado sought to fill a gap in the legislation in force and that it deviated from the very purpose of the power to resolve calls for positions in the Public Prosecutor’s Office. According to the Supreme Court, this constitutes a misuse of power and could constitute a crime of prevarication according to article 404 of the Penal Code.
Conclusions
The case of the promotion of Dolores Delgado and the complaint filed by the Popular Party for administrative prevarication has generated an intense debate about the independence and impartiality of the Public Prosecutor’s Office. The Supreme Court has already annulled Delgado’s promotion due to misuse of power, and now she will be in charge of evaluating the complaint filed by the PP. The result of this legal process will be decisive for the future of Dolores Delgado and for the perception of justice in our country.
