The Independent Professional Association of Prosecutors presents an appeal to the Supreme Court
The Independent Professional Association of Prosecutors (APIF) filed this Thursday an appeal before the Supreme Court against the Government’s decision to renew, last December, Álvaro Garcia Ortiz as Attorney General of the State, since he did not considers himself suitable for the position and believes that his appointment is against the law.
Criticism of García Ortiz’s suitability for the position
According to the APIF, García Ortiz is not suitable to carry out the functions assigned to him, including the prefecture of all prosecutors in Spain, due to his actions since he was elected to the position in 2022.
In a press release, the APIF has indicated that in a congress held on November 25, 2023, the appointment as Attorney General of the State of a person who has been blatantly partial for his support was criticized to the government and that has omitted any obligation owed to the Institution and its prosecutors.
Condemnation and annulment of appointments
The APIF has also mentioned the conviction of García Ortiz for abuse of power in the Supreme Court and has highlighted the annulment of appointments of court prosecutors for abuse of power, as in the case of his predecessor in office, Dolores Delgado García
The contentious administrative appeal presented by the APIF goes against the Decree of December 27, 2023 (Royal Decree 1182/2023) by which the Spanish government appointed Álvaro García Ortiz to the position.
Non-compliance with legal requirements
The APIF has emphasized that the Organic Statute of the Public Prosecutor’s Office requires that the candidate for attorney general be a jurist of recognized prestige, a requirement that they consider that García Ortiz does not meet after being convicted by the Supreme Court for abuse of power.
The APIF considers that the appointment is not in accordance with the law and that the State Attorney General cannot be under the Executive’s orbit.
Coincidence with the General Council of the Judiciary
The APIF has indicated that it agrees with the General Council of the Judiciary (CGPJ) in considering that García Ortiz is not suitable for the position of attorney general.
