Supreme Court Rejects Challenge to Attorney General Álvaro García Ortiz Amid Ongoing Controversy
The Supreme Court of Spain unanimously rejected a challenge on Tuesday regarding the renewal of Álvaro García Ortiz as Attorney General of the State. This ruling comes just before García Ortiz is set to testify as a party under investigation for allegations involving a leak connected to Alberto González Amador, the boyfriend of Isabel Díaz Ayuso, the President of the Community of Madrid. The court's decision was expedited and will include a detailed judgment outlining its rationale in the coming days.
The Administrative Litigation Chamber of the Supreme Court dismissed the appeal submitted by the Independent Professional Association of Prosecutors (APIF), questioning the government’s decision last December to renew García Ortiz's term as head of the Public Prosecutor's Office. The APIF encapsulated its argument on grounds of unfitness for the role, critiquing García Ortiz’s conduct since his inception in the role. In a press release earlier this year, APIF pointed to a previous ruling where the Supreme Court annulled García Ortiz's decision to appoint his predecessor, Dolores Delgado, to a prosecutor position, citing abuse of power.
APIF further asserted that the Organic Statute of the Public Prosecutors Office (EOMF) demands the Attorney General to be a jurist of recognized prestige. They contended that García Ortiz's standing was compromised following the Supreme Court's condemnation for abuse of power. Additionally, in November 2023, the General Council of the Judiciary (CGPJ) expressed that he was not suitable for the position, making this the first instance of the Council opposing the appointment of an Attorney General.
Conversely, García Ortiz defended himself against the appeal, suggesting that APIF’s actions aimed solely to undermine the governmental framework and gain attention. His legal team posited that the challenge was founded on subjective grounds, asserting it sought to drag the appointment process for an extended period, thus gaining undue publicity at the government's expense. In May, he sought the disqualification of four Supreme Court judges who had previously ruled against him for abuse of power, but his request was dismissed as it was deemed out of time by Judge Eduardo Calvo.
As tensions mount in the case, five essential points have emerged that encapsulate the week of turmoil surrounding the Attorney General: 1. Supreme Court Ruling: The Court’s decision to uphold his appointment amid ongoing controversies sets a critical precedent for judicial transparency. 2. Investigation Testimony: García Ortiz’s imminent testimony as an investigated party adds a layer of uncertainty to his position, as he navigates serious allegations. 3. Internal Opposition: The APIF’s challenge highlights divisions within the prosecutor’s office, questioning García Ortiz's suitability and effectiveness. 4. Judicial Dynamics: The disqualification request aimed at the Supreme Court judges illustrates a fraught relationship between García Ortiz and the judiciary, hinting at deeper institutional conflicts. 5. Political Undertones: The case serves as a microcosm of larger political tensions in Spain, reflecting the interplay of justice, governance, and public accountability.
In summary, while the Supreme Court has upheld the renewal of Álvaro García Ortiz, the storm surrounding his tenure is far from over, as he prepares to address ongoing allegations that could significantly impact his role and the integrity of the public prosecutor's office in Spain.
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