This will replace the convicted attorney general in the Spanish government.

BarcelonaThe conviction of the Attorney General has sent shockwaves through Spanish politics. The two-year disqualification of Álvaro García Ortiz is a major blow to Spanish Prime Minister Pedro Sánchez, who has maintained his innocence to the very end. This explains why he has not explicitly addressed the event held in Congress on November 20th, the fiftieth anniversary of Franco's death. He did, however, defend "freedom of the press" in the face of "complex times for journalism" amidst "abuses of power" and "disinformation campaigns." In any case, the Moncloa Palace has made it clear that it "does not agree" with the sentence against the Attorney General, although it "respects" it, as confirmed by the Minister of the Presidency, Félix Bolaños. In fact, the state executive stressed that in the coming days he will set in motion the process to choose a new attorney general, while acknowledging García Ortiz's "work" and his "commitment to defending public service, the law, and the truth." Thus, despite the fierce defense, particularly pronounced in the case of the Socialist spokesperson in Congress, Patxi López, who has labeled the sentence a "disgrace," the fact remains that a replacement is being sought. What are the next steps?

Who, according to the law, can fill the position?

The appointment of the Attorney General is enshrined in the Spanish Constitution, specifically in Article 124.4, which states that the Attorney General "shall be appointed by the King, upon the proposal of the [Spanish] Government, after consulting the General Council of the Judiciary." The Constitution itself leaves the regulation of the Public Prosecutor's Office to an organic law, which, approved in 1981, governs the procedures for electing this official. Therefore, Article 29 clarifies that the Attorney General will be elected by the procedure established in the Constitution, but chosen "from among Spanish jurists of recognized prestige with more than fifteen years of active professional experience."

This implies a long career in the legal field, whether as a lawyer, judge, or prosecutor, with the added impediments incorporated in a reform this legislative session: "No one may be nominated for the position if, in the previous five years, they have been appointed head of a ministry, a secretary of state, or a councilor of a local corporation [mayor], or have held the position of deputy, senator, or member of the European Parliament or of a legislative assembly of an autonomous community."

The role of the General Council of the Judiciary (CGPJ)

From there, following the proposal by the Spanish government, the General Council of the Judiciary (CGPJ) issues a report on the candidate's suitability, which is mandatory but not binding. Therefore, it had no political effect when, in November 2023, the CGPJ, with its conservative majority, For the first time in history, he rejected the appointment of an attorney general, García Ortiz himself.which would get off to a bad start. The appointment of Dolores Delgado to the same position had already sparked controversy with several dissenting votes from conservative members against the appointment, but it didn't go that far.

Oath before the Supreme Court

Following this, once the Spanish government receives this report, it submits its proposal to the Congress of Deputies' Justice Committee so that political groups can assess the candidate's qualifications and suitability, although this assessment is not binding. Once all of this has been completed, the Attorney General is appointed by the Council of Ministers and can be sworn in before the full Supreme Court. This is the same court that convicted García Ortiz.