The President and five progressive members of the General Council of the Judiciary (CGPJ) believe that the plenary session of the body, which voted for the first time against the government’s proposed candidate for the position of Attorney General of the State, should have been limited to assessment , whether Álvaro García Ortiz meets the legal requirements to occupy this position, without taking into account other aspects such as his appointment policy at the head of the Attorney General’s Office or the ruling of the Supreme Court annulling the promotion of his predecessor, Dolores Delgado. This is what Guilarte and five of the six progressive city councilors point out in a widespread private vote in which they explain why they voted in support of the renewal of García Ortiz in the plenary session last Thursday.
“The plenary session of the General Council of Justice should have reported that the person proposed by the Council of Ministers for the position of Attorney General of the State meets the merits and requirements necessary for appointment to the above position,” the text reads this Monday presented to the Council, drafted by member Roser Bach and joined by Guilarte and the progressive members proposed by the PSOE, Álvaro Cuesta, Mar Cabrejas, Clara Martínez de Careaga and Pilar Sepúlveda. Of the seven members who voted to support García Ortiz, only the conservative Juan Martínez Moya refused to sign this document. The signatories express the arguments that they have already made in plenary to justify their support for García Ortiz: that the Attorney General meets the legal requirements to fill this position (since he is a recognized Spanish lawyer with more than 15 years professional experience). of his profession) and that the plenary session had always limited the reports on the Attorney General to these requirements.
The progressive deputies and the President recall that since their arrival in the Council ten years ago, they have reported six times on proposals from the Council of Ministers for the appointment of the Attorney General (Consuelo Madrigal, José Manuel Maza and Julián Sánchez) Melgar, appointed by the Government of Mariano Rajoy, and María José Segarra, Dolores Delgado and Álvaro García Ortiz, appointed by the government of Pedro Sánchez). And on all these occasions, the body “maintained a constant criterion of a limited assessment of the suitability of the candidates (…) and limited the examination to compliance with the requirements and merits established by law.” Proof of this, the text reminds, is , that in the plenary session of October 27, 2016, during the debate on Maza’s appointment, some members requested that the report should contain an assessment of the candidate’s qualities, an overview of his professional background and other aspects. but the plenum was against it.
The plenary report on the appointment of the Attorney General is not binding but has raised a lot of controversy as it is the first time that the senior judicial body has rejected the government’s proposal. The approval of the plenary session, which came with eight votes in favor (all members of the body proposed by the PP) and seven against, justifies the rejection of the appointment of García Ortiz with the work he has done at the head of the Public Prosecutor’s Office since his Taking office in July 2022. The Conservative members admit that on other occasions they have only checked whether the candidate meets the legal requirements, but claim that it is a renewal His career at the top of the public ministry can also be assessed , and concludes that episodes such as the Supreme Court ruling, in which García Ortiz achieved a “redirection of power” through the promotion of Delgado and his refusal to publicly criticize the amnesty law proposal, judge there are enough reasons to assume that he did not do this. He is ideal for this position.
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