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Judicial Council Criticizes Prosecutor Statute Reform for Missing Independence Safeguards

The council urges ministers to embed explicit autonomy clauses to bar government directives to the attorney general; it also calls for a pre-election appointment ban before the reform reaches parliament.

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El fiscal general del Estado, Álvaro García Ortiz, con el ministro de Justicia, Félix Bolaños

Overview

  • The CGPJ’s June 23 report warns that the proposed reform fails to declare the Prosecutor’s Office as an independent body shielded from state directives.
  • Critics highlight the absence of a clear, taxative ban on government orders or instructions to the attorney general.
  • The draft law would extend the attorney general’s term from four to five years to detach it from the duration of the incumbent government.
  • The council welcomes transferring appointment and promotion powers to the attorney general but notes the Ministry of Justice retains control over administrative declarations.
  • CGPJ recommends adding a clause to bar attorney general appointments within one year of elections to prevent politicized timing.