Overview
- Spain’s Constitutional Court granted amparo to prosecutor Eduardo Esteban, overturning two 2023 Supreme Court annulments of his appointment to the minors unit.
- The ruling reinstates Esteban to the top category of fiscal de Sala but does not return him to the specific coordinator of minors position, which is currently occupied.
- The majority opinion by Justice Ramón Sáez held that the Supreme Court violated Article 23.2 of the Constitution by infringing Esteban’s career-access rights.
- The court emphasized that judicial oversight must test legality, motivation, and fundamental rights without substituting the Fiscal General’s discretionary assessment of merits.
- The decision was approved with four dissents, and coverage notes potential ripple effects for other contested appointments from Dolores Delgado’s tenure.