The Fiscal Council is set to examine whether it is appropriate for Dolores Delgado to serve as the prosecutor for Democratic Memory, given her relationship with former judge Baltasar Garzón, who manages a human rights foundation. This discussion stems from the rulings of the Supreme Court, which annulled her appointment and instructed the Council to review the situation.
The Attorney General, Álvaro García Ortiz, has called an extraordinary session of the Fiscal Council for noon. The sole agenda item is to address the Supreme Court’s decisions regarding complaints from the Association of Prosecutors (AF), the Independent and Professional Prosecutors Association (APIF), and anti-drug prosecutor Luis Ibáñez, who is also a candidate for the role, against Delgado’s appointment.
The Supreme Court had previously been presented with arguments that the appointment was invalid because García Ortiz had not allowed the Fiscal Council to assess whether Delgado’s position was incompatible due to her relationship with Garzón. This situation is directly relevant, as the prosecutor for Democratic Memory also deals with human rights matters.
Although the Supreme Court ruled that there was no misuse of authority in Delgado’s appointment, it did find significant grounds for invalidation due to the lack of consultation with the Fiscal Council. This Council holds a mandatory opinion on matters of compatibility.
Consequently, the Supreme Court annulled the Royal Decree from June 13, 2023, which appointed Delgado and instructed that the process be revisited at the point where the Fiscal Council should have determined whether any incompatibility prohibited her appointment, as outlined in Article 58.1 of the Organic Statute of the Public Prosecutor’s Office (EOMF).
According to this article, a member of the Public Prosecutor’s Office cannot hold their position in a court that serves a region where their spouse engages in an industrial or commercial activity that might hinder their impartiality, as assessed by the Fiscal Council.
Before discussing Delgado’s compatibility for the position, the Fiscal Council will hear from the Attorney General regarding her request to exclude three of the twelve members involved in the deliberation. Delgado believes the impartiality of these three members is compromised.
The three members she seeks to exclude include Salvador Viada, a Supreme Court attorney representing the APIF; Miguel Rodríguez Marcos from Asturias; and Beatriz Sánchez Carreras from Las Palmas.
If García Ortiz agrees to excluding the three members, the Council will proceed with nine members. In the previous session, where Delgado was proposed for the role in June 2023, she received support from four members: the Attorney General, one member from the Progressive Prosecutors Union (UPF), and the two inherent members.
Once the Attorney General addresses the issue of the recusals, each member will share their opinion on Delgado’s compatibility for the position. Following these discussions, all twelve members will cast their votes. While the Fiscal Council serves as an advisory body to the Public Prosecutor’s Office, its stance on compatibility is binding.
If the Council approves Delgado’s compatibility, the Attorney General can then propose her, leading to her confirmation in the role. Conversely, if the Council views her as incompatible, García Ortiz won’t be able to nominate her, and the Ministerial Council would need to issue her dismissal.
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