The challenges facing the new Attorney General: between the “wound” and the increase in “autonomy”

MadridIn the coming days, Teresa Peramato will be formally appointed. new Attorney GeneralAfter receiving the suitability of the CGPJ And before appearing before the Congress of Deputies, the King still needs to certify his appointment. His arrival at Fortuny Street in Madrid – headquarters of the State Attorney General's Office – was expedited after the Supreme Court Álvaro García Ortiz convicted and that he, although the sentence is not yet known, resigned from officeNext, the Council of Ministers set the succession process in motion. When announcing her name, Minister Félix Bolaños urged her to "continue strengthening the autonomy" of the Public Prosecutor's Office and to work towards "achieving independence and freedom of judgment." This Thursday, Teresa Peramato appeared before Congress, where she pledged to promote the "necessary actions and reforms" to "continue advancing in autonomy," one of the fundamental pillars of the Public Prosecutor's Office. However, her first steps will be marked by the aftermath of her predecessor's conviction: "It is a deep wound that must heal, I hope and wish, under my leadership and with the work and effort of all prosecutors," she acknowledged at the beginning of her address. She also sought to address the "unjustified doubts" being raised about the Public Prosecutor's Office due to its hierarchical structure: "It demonstrates a lack of understanding of how the Public Prosecutor's Office functions."

In fact, when consulted by ARA, all the prosecutors' associations agree that part of the duties they will have to perform relates to the Supreme Court's ruling. Cristina Dexeus, president of the largest and most conservative Prosecutors' Association, believes that, after a "very turbulent" period, they will have to "recover the prestige" of the institution and the "image of impartiality" of prosecutors: "Above all, we must not be the target of criticism," she asks. From the Independent Professional Association of Prosecutors (APIF)—which acted as a private prosecutor against Álvaro García Ortiz and sought a six-year prison sentence, the maximum penalty—Miguel Pallarés emphasizes that the "significant change" will be to "defend the independence of the courts" and "condemn any interference or attack by the judiciary."

And on behalf of the Progressive Union of Prosecutors—which has always called for the acquittal of Álvaro García Ortiz—Félix Martín argues that it is important to "recover self-esteem" and strengthen "the essence of the prosecutor," which is "to serve society and protect victims." The president of the UPF—an association that Peramato also led—believes that the new Attorney General must "strengthen" the Public Prosecutor's Office again after the Supreme Court's ruling, which sends a "demotivating" message and represents a "step backward" in the autonomy of prosecutors to investigate "powerful people."

The "double shadow" perceived by the PP and the divergence between Junts and ERC

From the Lower House, the People's Party (PP) is not satisfied with the election of Teresa Peramato. María Jesús Moro believes she arrives at the Parliament building on Fortuny Street with a "double shadow" due to Pedro Sánchez's nomination and the "actions" of her predecessor. The PP deputy encourages her to promote "unequivocal and decisive actions," such as a "very demanding" code of ethics and the "essential" checks and balances, to recover the "credibility" and "prestige" of the institution and to "resolutely commit, without shortcuts or excuses," to "erase forever" the "great erasure forever" of Ortiz.

The pro-independence parties disagree on the conviction of Álvaro García Ortiz. On the one hand, Josep Pagès (Junts) attributes it to a "battle between factions of the regime" that "is not related to the exercise of political rights," but rather to "allegedly criminal acts." On the other hand, Pilar Vallugera (ERC) admits that it is "not comparable" to the "dehumanization" of the independence movement, but she does acknowledge that it "breaks down barriers" that mean "the democratic limits of controlling dissent can be increasingly altered."

A "public call" to the parties

Teresa Peramato will arrive at the Prosecutor's Office a month after the Spanish government registered the reform of the Criminal Procedure Law (LECrim) which should transform criminal investigations so that the instructions are no longer in the hands of judges but are led by prosecutors – under the supervision of a judge of guarantees. However, for the modification to materialize, it will be necessary – among other things – for Junts to endorse the law, something that seems unfeasible after the total break of the regional council members with the PSOE

With a Public Prosecutor's Office "well-prepared" and with "the necessary experience" for the task, the future Attorney General has made a "public appeal" to the political parties to allow the amendment to be approved: it represents "the only suitable vehicle to guarantee equality" and would allow them to leave behind an "obsolete and exhausted" law. However, this has created unease in some parties. "It seems you have appeared as a candidate for Minister of Justice," Vox retorted. And Junts criticized her for having defended it with "excessive intensity."

If this scenario comes to pass, the associations agree that a great effort will have to be made. The AF—which favors postponing the reform for a few years—believes that Peramato will have to be "very demanding in her claim of independence" from the Spanish government. Cristina Dexeus is calling for a "very thorough review" of the public prosecutor's career path to determine exactly how cases are assigned to each individual prosecutor and "avoid any room for potential arbitrariness." The APIF (Association of Public Prosecutors) adds that, if investigations are assigned to them, "it would not be appropriate" for the Attorney General to be able to issue a "single order" or "have the power" to replace a particular prosecutor.

The UPF – which is aligned with the Spanish government and supports placing the investigation in the hands of prosecutors – wants Peramato to "take the initiative" to get the new Criminal Procedure Law (LECrim) approved with the necessary "adjustments" to guarantee a "faster" justice system, "better supported by reforms that ensure" prosecutors have "autonomy." Furthermore, Félix Martín asks for his leadership to "achieve the necessary consensus for an essential reform" and "so that everyone can rest assured that it is the right path."

A new building and pending appointments

Furthermore, Teresa Peramato will have open cases on her desk. Álvaro García Ortiz will take over from her, overseeing the reorganization of the public prosecutor's office in the new structure. Law on Efficiency in Justice The appointments—approved at the end of 2024—are still pending: he will have to issue instructions and circulars that his predecessor has not had time to sign. Furthermore, in the coming months he will inaugurate a new headquarters for the Public Prosecutor's Office, a project to which García Ortiz had dedicated considerable effort. It is the building adjacent to the main headquarters on Fortuny Street, where all the specialized units will be relocated to avoid their current fragmentation. He will also have to make several appointments: a new Environmental Prosecutor and three Supreme Court Prosecutors.