What will be the challenges for the new Attorney General?

MadridTeresa Peramato will be formally appointed new Attorney General in the next few days. After receiving the suitability of the CGPJ And once he has appeared before the Congress of Deputies, the King will still need 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 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." With this as a starting point, the ARA (Argentine Association of Public Prosecutors) takes stock with prosecutorial and judicial associations of the challenges and duties she will face.

It is undeniable that her first steps will be marked by the fallout from her predecessor's conviction. Cristina Dexeus, president of the Association of Prosecutors—the largest and most conservative—believes that, after a "very turbulent" period that has not helped the Public Prosecutor's Office's image, Teresa Peramato will have to "restore the prestige" of the institution and the "image of impartiality" of prosecutors: "Above all, we must stop being talked about."

From the Independent Professional Association of Prosecutors (APIF) – which filed a private prosecution against Álvaro García Ortiz and sought a six-year prison sentence, the maximum penalty – Miguel Pallarés emphasizes that, to demonstrate a "significant change," it is "essential" for the executive branch to mount a "defense" or "defense-attack." The president of APIF also urges the government to investigate the errors in the anti-abuse bracelets and seek solutions to prevent them from recurring.

On behalf of the Progressive Union of Prosecutors – which has been highly critical of the case against the Attorney General and has consistently called for his acquittal – Félix Martín argues that, following the "blow" of García Ortiz's disqualification, the government could project an image of the Attorney General that reinforces "the essence of the prosecutor," which is "to serve society and protect victims." The president of the UPF – an association that Peramato He also 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." Finally, the president of the Independent Judicial Forum, Roberto García, believes that Teresa Peramato's challenge is to provide the Public Prosecutor's Office with "cleanliness, independence, seriousness, and integrity," especially "in the eyes of the public," given the lack of "necessary autonomy." He urges her to work to correct "the stigma" that the Public Prosecutor's Office has always had as an institution "too conditioned by the dictates" of the Spanish government and invites her to "demonstrate a detachment" from the Moncloa Palace through her "actions and public statements."

The uncertain future of the investigations

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 PSOEIf it does eventually receive the green light, a now distant outcome, the major challenge it will face is adapting the Public Prosecutor's Office to the new reality. In fact, if this scenario unfolds, the associations agree that a significant effort will be required. The AF—which favors postponing the reform for a few years—believes that Peramato will have to be "very demanding in asserting independence" from the Spanish government. Cristina Dexeus advocates for a "very thorough review" of the Public Prosecutor's career path to determine exactly how cases are assigned to each specific prosecutor and "avoid any room for potential arbitrariness." In this regard, the APIF adds that, if they are assigned the investigation, "it would not be appropriate" for the Attorney General to be able to issue a "singular order" or "have the power" to replace a particular prosecutor. Furthermore, both associations agree on the need for the Fiscal Council to have some decision-making power—and not just advisory power as it currently has—to establish it as a "counterweight" to the Attorney General and to serve to "democratize" the Public Prosecutor's Office. The UPF—which is aligned with the Spanish government and supports placing investigations in the hands of prosecutors—wants Peramato to "take the initiative" to ensure the approval of the new Criminal Procedure Law with the necessary "adjustments" to guarantee a "faster, more agile, and more sensitive" justice system, and believes that "prosecutors should have autonomy." In addition, Félix Martín asks for her leadership to "achieve the necessary consensus for an essential reform" and "so that everyone can rest assured that this is the right path."

On the other hand, progressive associations agree on focusing on the victims. Félix Martín, from UPF, is confident that Teresa Peramato will help the public see the Public Prosecutor's Office as a "guarantor of victims and citizens" and promote "accessibility" to justice, and highlights that she has been a "pioneer" in the field of gender violence: "Now she has the capacity to lead it on a general scale." Similarly, Edmundo González, spokesperson for Judges and Judges for Democracy, believes that her "challenge" is "to work to improve the situation of victims and treat them with dignity and equality," and calls for "finding ways" to combat "revictimization."

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.