The former Minister of Justice Dolores Delgado will continue at the forefront of the General Prosecutor's Office. The Supreme Court has dismissed a Tuesday of a majority of five votes to two the resources brought by the Popular Party and VOX against the appointment of it, as legal sources advance to the world.
The Fourth Section of the Contentious-Administrative Hall has adopted this decision, appreciating lack of active legitimation of the appellants. The rapporteur of the sentence is Magistrate Pilar Teso, who proposed the inadmissibility of resources by understanding that neither the popular nor the formation of Abascal were legitimized to resort the discretionary appointment made by the Government of Pedro Sánchez through the Royal Decree of 25 of February 2020.
Legal sources explain that the majority of magistrates have understood that neither the formation of Paul married nor that of Santiago Abascal have been affected by their rights or interests with the appointment of Delgado, attending to the consolidated jurisprudence of the third room. In this way, the Court has concluded that the requirements of article 19 of the Law on Contentious-Administrative Jurisdiction to recognize the legitimation of the appellants.
The thesis defended by the Supreme is that being a political party does not allow you to challenge all the facts that have a certain political relevance. It is the traditional doctrine defended by the court in recent years, emphasize different sources of the room.
Together with TECO, the Court has been composed of the President of the Third Caesar Tolosa, and the Magistrates Pablo Lucas, Celsa Pico, Luis Díez Picazo, José Luis Requero and Antonio Fonseca-Herrero. The decision has the particular votes of these two last magistrates who did recognize the legitimation of PP and VOX by considering the appointment of the Attorney General as a political act of special relevance where there was a direct interest of the appellants.
The appointment of Delgado was surrounded by a great controversy since it became the holder of the portfolio of justice to the General Prosecutor of the State directly; An unprecedented fact in Spanish democracy, which generated great controversy within the Public Ministry.
The PP will present an Appeal for the Constitutional Court against the decision of the Supreme Court of Acala the designation of Dolores Delgado as the General Prosecutor of the State just after being Minister of Justice. The popular "Acate" the ruling, but they add that they have "full legitimation to resort the appointment of thin and the absolute lack of image of independence of it" of it. This has been expressed by the Secretary of Justice of the PP, Enrique López. "The ruling reinforces the need to reform the law when possible," he added.
VOX, on the other hand, emphasizes its compliance with the sentence, but it points out that it has not entered the bottom of the issue, which is none other than the 'legality' of the appointment as the general tax prosecutor to someone who leaves Immediately before the position of Minister of Justice, but is limited to rejecting the resources presented by VOX and PP because they considered that these forces had sufficient legitimation to present them. In any case, VOX will analyze in detail the argument of the High Court and will study the possibilities that exist to appeal its decision.Updated Date: 20 October 2021, 05:39