The Plenary Session of the General Council of the Judiciary (CGPJ) has considered today, by 8 votes to 7, that Álvaro García Ortiz is not suitable for the position of Attorney General of the State in an unprecedented decision in the history of the governing body of judges. although it will not have any effect on the appointment of the highest representative of the fiscal career. The member Enrique Lucas has abstained from the vote. This is a mandatory but non-binding report, with which the Executive can move forward with the appointment.
This is a mandatory procedure established by the Constitution and the Organic Law of the Judiciary, once the Council of Ministers ratified García Ortiz as attorney general this Tuesday, but the decision made is not binding, although it is politically relevant.
García Ortiz has held this position since last year, when he replaced Dolores Delgado and, in accordance with the Organic Statute of the Public Prosecutor's Office, his mandate can be renewed for having been in the position for less than two years. If so, he will remain until 2027.
Last year, in this same process, García obtained the endorsement of the CGPJ by twelve votes to seven when he replaced Delgado after being his right-hand man as head of the Technical Secretariat of the State Attorney General's Office. At that time it was considered that he met "the legal requirements" for the position. That is, they endorsed that García Ortiz is a jurist of recognized prestige and with more than 15 years of professional practice.
The report issued by the CGPJ is the step prior to the start of the process to ratify his appointment as the new head of the Public Prosecutor's Office. To complete it, you then have to appear before the Justice Commission of the Congress of Deputies.
