Friday, March 29

Justice provisionally suspends Delgado’s order that forced prosecutors to declare if they prepare opponents


The Superior Court of Madrid has considered a request for precautionary measures from the majority and conservative Association of Prosecutors and has decided to provisionally suspend the order with which the former attorney general, Dolores Delgado, forced prosecutors to declare if they prepared opponents to the prosecutor’s career. .

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The precautionary suspension, explains the TSJM, affects “members of the Public Prosecutor’s Office who do not carry out a preparation activity for access to the public function.” The judges understand that the regulations in force before this order already oblige a prosecutor to report if he carries out any incompatible activity.

It was the former attorney general, as elDiario.es advanced, who launched this obligation through an order last July. A decree in which Delgado reminded the prosecutors that the statute of the career established that preparing opponents to be a prosecutor is incompatible with being part of the bodies that later examine and select the future members of the career.

The TSJM now understands that it is appropriate to annul the order in a precautionary manner. “It is clear that the execution of the act, with the consequent declaration of the interested parties, whose compliance with the law is intended to be questioned in the appeal, would make it completely lose its purpose, in such a way that an eventual positive judgment would result in impossible execution, having produced and to its effects the irreversibly questioned act”, they explain in their resolution.

The judges also understand that the regulations of the Public Prosecutor’s Office already oblige the members of the career to communicate to a hierarchical superior “the activity that could be incompatible”, so the suspension of the order does not affect that obligation to continue informing although again it remains in the hands of the prosecutors and it is not something that everyone must necessarily do. The judges specify that they do not believe that this suspension supposes “a serious damage to the general interests” since it affects, he says, the prosecutors “who do not carry out the teaching activity of preparation for access to the public function.”



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