The president and five progressive members of the General Council of the Judiciary (CGPJ) consider that the plenary session of the body, which for the first time has voted against the candidate proposed by the Government as attorney general of the State, should have limited itself to evaluating whether Álvaro García Ortiz meets the legal requirements to occupy that position, and does not take into consideration other issues, such as his appointment policy at the head of the Attorney General’s Office or the Supreme Court ruling that annulled the promotion of his predecessor, Dolores Delgado. This is what Guilarte and five of the six progressive councilors point out in a disseminated private vote in which they explain why, in the plenary session last Thursday, they spoke in favor of supporting the renewal of García Ortiz.
“The plenary session of the General Council of the Judiciary should have reported that the person proposed by the Council of Ministers for the position of attorney general of the State meets the merits and requirements required to be appointed to the aforementioned position,” says the text presented to the Council this Monday, written by the member Roser Bach and to which Guilarte and the progressive members proposed by the PSOE, Álvaro Cuesta, Mar Cabrejas, Clara Martínez de Careaga and Pilar Sepúlveda, have adhered. Of the seven members who voted in favor of endorsing García Ortiz, only the conservative Juan Martínez Moya has refused to sign this document. The signatories express the arguments that they already used in plenary to explain their endorsement of García Ortiz: that the attorney general meets the conditions required by law to occupy this position (being a Spanish jurist of recognized prestige with more than 15 years of practice effective of his profession) and that, until now, the plenary session had always limited the reports on the attorney general to these requirements.
The progressive members and the president remember that since they came to the Council ten years ago, they have reported on six occasions on proposals made by the Council of Ministers for the appointment of the State Attorney General (Consuelo Madrigal, José Manuel Maza and Julián Sánchez Melgar, appointed by the Government of Mariano Rajoy, and María José Segarra, Dolores Delgado and Álvaro García Ortiz, appointed by that of Pedro Sánchez). And on all these occasions the body has maintained “a constant criterion of limited judgment of the suitability of the candidates (…) limiting the examination to compliance with the legally established requirements and merits.” Proof of this, the text recalls, is that in the plenary session of October 27, 2016, in the debate on Maza’s appointment, some members asked that the report include an assessment of the candidate’s qualities, outlining his professional career and others. merits, but the plenary session was opposed.
The plenary report on the appointment of the attorney general is not binding, but it has raised a lot of dust because it is the first time that the governing body of judges rejects the proposal made by the Government. The agreement of the plenary session, which went ahead with eight votes in favor (all of members proposed by the PP to be part of the body) and seven against, bases the rejection of the renewal of García Ortiz on the work that he has done at the head. of the Prosecutor’s Office since he came to office, in July 2022. The conservative members admit that on other occasions they have only examined whether the candidate meets the legal requirements, but they maintain that, as it is a renewal, the career can also be assessed. at the head of the Public Ministry, and conclude that episodes such as the Supreme Court ruling that considered that García Ortiz incurred a “diversion of power” by promoting Delgado and his refusal to publicly criticize the amnesty law proposal are sufficient reasons to consider that he did not He is ideal for that position.
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