The Constitutional Court refuses to study three resources from former State Attorney Dolores Delgado in which he asked to knock down the sentences in which the Supreme Court annulled its promotion to the Prosecutor of Democratic Memory Chamber. According to a statement released by the Constitutional, the Plenary of the body has inadmitted to process the resources of Amparo de Delgado for considering that «they lack special constitutional significance.»
Although the Supreme Court annulled the appointment because the Fiscal Council had not been able to pronounce on the compatibility of Delgado with the position, soon this organ met and ruled that there were no incompatibility problems, so that the constitutional decision has no practical effects.
However, the plenary session of the Constitutional did accept to study another appeal of Dolores Delgado against the sentence in which the Supreme Court annulled a prior rise to the Togada Sala prosecutor of the Supreme Court, and is still pending to resolve the matter. Both at that time and now, the president of the organ, Cándido Conde-Pumpid has decided to refrain from deliberation. «The president has not participated in the deliberation for having previously abstained»collect the press release from the Guarantees Body.
The Supreme Court annulled the appointment of Dolores Delgado as prosecutor of democratic memory room last May. The decision was a varapalo for his successor in the State Attorney GeneralÁlvaro García Ortiz, who proposed the designation, then executed by the Council of Ministers. Months earlier, the Supreme Court had already given a first blow when annulling the rise from Delgado to prosecutor from Sala Togada, which also occurred at the proposal of García Ortiz.
In the last of these two decisions, the Contentious-Administrative Chamber studied three resources different against Delgado’s decision. They were presented by the Association of Prosecutors (AF), the Professional and Independent Association of Prosecutors (APIF) and the anti -drug prosecutor Luis Ibañez, who had held the candidacy for the same position he ended up occupying the former Attorney General.
The main argument to annul the appointment was that García Ortiz gave no option to the Fiscal Council to study if Delgado incurred a cause of incompatibility, since her husband, former Baltasar Garzón, directs a foundation dedicated to the defense of human rights. The Supreme Judgment resulted in the proceedings and on July 23 of last year, a meeting was held in which the Fiscal Council determined that Delgado is compatible with the position.
García Ortiz’s power deviation
Nothing has to do with this argument with which he led to the Supreme Court to annul the rise of Dolores Delgado to Togada prosecutor, the highest category of the fiscal career. In November 2023, the Supreme concluded in that sentence that The State Attorney General had incurred «power deviation» by proposing to what had been his direct superior to occupy this position.
The High Court considered accredited that Álvaro García Ortiz tried to «assure Mrs. Dolores Delgado García her promotion to the highest category of the fiscal career, trying to fill what, in the opinion of the proponent, is a lack of law in force«. Likewise, the Chamber said that Delgado’s appointment had not been promoted» according to the criterion of merit. «Therefore, established, therefore, the proceedings should be rolled up at the time the candidacies were still in Liza.
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