This is how Pedro Sánchez's government wants to depoliticize the Prosecutor's Office.

MadridIn full judicial offensive against the State Attorney General, investigated for the leak of Isabel Díaz Ayuso's boyfriend's email, the Spanish government is moving to depoliticize the highest representation of the Public Prosecutor's Office. The Council of Ministers approved this Tuesday a reform that sets the Attorney General's term at five years, with the aim of "guaranteeing his independence." Thus, the renewal of the Attorney General's term will no longer coincide with that of the executive branch, as it has until now, so a hypothetical government of another political persuasion would have to coexist the first year with an Attorney General proposed by the previous administration. Furthermore, he will not be able to repeat his position. In other words, Álvaro García Ortiz would no longer be able to continue after the 2027 elections, although in his case it was already the case anyway because he will have already served two terms. These are the main changes that Pedro Sánchez proposes for the Public Prosecutor's Office.

Dismissal

In case of "serious or repeated" non-compliance

Although the reform extends the Attorney General's term of office, this position may be removed before completing the five-year term in the event of "serious or repeated" non-compliance with their duties. However, a prior report from the General Council of the Judiciary (CGPJ) will be required to prevent discretionary action by the Spanish government, although this pronouncement by the governing body of the judges would not be binding. All of this is aimed at "strengthening the autonomy" of the Attorney General's Office, as emphasized by the Minister of Justice, Félix Bolaños, at a press conference at the Moncloa Palace. In this sense, the Public Prosecutor's Office may not receive instructions from the executive branch or be summoned to report to the Council of Ministers. According to the text, in fact, communications between the Spanish government and the Attorney General's Office must be in writing and public.

Appointments and Promotions

The Board of Prosecutors can impose itself

There are also changes to the powers of the Attorney General of the State regarding appointments, promotions, and sanctions within the institution. The Spanish government will no longer intervene as it has until now: currently, the highest authority in the Public Prosecutor's Office proposes the appointments, and the executive branch ultimately approves them. From now on, this will be the exclusive responsibility of the prosecutor. However, the Board of Chamber Prosecutors—made up of the Attorney General, the Deputy Prosecutor of the Supreme Court, and around thirty chamber prosecutors—will be able to impose its discretion if it has the support of three-fifths of its members.

The financing of associations

The draft law also includes measures that follow the path of other laws previously passed in the area of justice. For example, initiative to democratize access to justice, which was also approved in the second round by the Council of Ministers this Tuesday and will begin its parliamentary process. This rule included prohibiting associations of judges and prosecutors from receiving private funding, and now also specifies that they cannot receive funding from foreign governments or organizations. Furthermore, it provides for the creation of a public registry of prosecutors responsible for preparing candidates for competitive examinations, who will require authorization from the State Attorney General's Office to do so.

A reform of the Lecrim (Lecrim)

He wants to propose it before the summer.

Another revolution the Spanish government is pursuing is for the Prosecutor's Office to assume the investigation of criminal cases, which until now has been the responsibility of judges. Thus, the Public Prosecutor's Office will direct the judicial police in the investigation of crimes. This is regulated by a reform of the Criminal Procedure Law (Lecrim), which will reach the Council of Ministers for a second round of voting this summer and will include an additional provision with the changes introduced this Tuesday to the statute of the Public Prosecutor's Office.

Among these changes, it is also notable that the chief prosecutors of each area of the Public Prosecutor's Office will be responsible for appointing the prosecutor or prosecutors in charge of the investigation in each case. Furthermore, as was already regulated when the PSOE and PP agreed to renew the CGPJ (General Council of the Judiciary), no one who has served as a minister, secretary of state, deputy, or senator in the previous five years will be eligible to be elected Attorney General.