The Supreme Court has overturned the appointment of Dolores Delgado as prosecutor of the Togada Chamber of the high court, appointed by her successor in office as State Attorney General Álvaro García.
The Administrative Litigation Chamber has partially upheld the appeal filed by another prosecutor who aspired to the position, Luis Rueda, against the royal decree of October 2022 by which Dolores Delgado, former attorney general of the State and former Minister of Justice, was promoted as prosecutor of the Togada Prosecutor's Office of the Supreme Court.
This act was adopted by the Council of Ministers, at the proposal of the State Attorney General, Álvaro García, who replaced Delgado in office and who had previously been his number two and trusted man in the public ministry.
It is in the proposal made by him where the sentence appreciates "diversion of power." The diversion of power consists of “the exercise of administrative powers for purposes other than those established by the legal system.”
In this case, the ruling considers it proven that the purpose sought by García was to ensure Delgado's promotion to the highest category of the Tax Career, "trying to fill what, in the opinion of the proponent, is a deficiency in the legislation in force." .
This deviates - according to the Supreme Court - from the purpose of the power to resolve calls for positions in the Public Prosecutor's Office, whose vacancies must be filled fundamentally according to the criterion of merit.
The ruling agrees to take the actions back to the moment prior to submitting to the Council of Ministers the proposal of the State Attorney General, in order for a new one to be made, taking into account what has been said about the purpose of the power to resolve calls for positions. in the Public Prosecutor's Office.