The members of the Association of Prosecutors, who represent the majority of the Fiscal Council, have requested Attorney General Álvaro García Ortiz to set up an extraordinary plenary session to address the proposed amnesty law.
The seven AF councilors ask that a meeting be set where the only item on the agenda is “debate and approval of the institutional declaration on the Proposal for an Organic Law on amnesty for institutional, political and social normalization in Catalonia.”
The prosecutors recall that the Constitution entrusts “the Public Prosecutor’s Office with the mission of ensuring the independence of the Courts and seeking before them the satisfaction of the social interest, as well as promoting the action of justice in defense of legality, the rights of citizens and the public interest protected by law”.
The members of the AF understand that the content of the amnesty law proposal and its effects will affect “the proper function of the Public Prosecutor’s Office.”
Likewise, they criticize that “the processing formula chosen by the promoters of this organic law proposal implies that it will not be subject to the mandatory report of the Fiscal Council despite the fact that it flagrantly breaks the separation of powers by subordinating the Judicial Branch, in that the Public Prosecutor’s Office is integrated with functional autonomy, at the convenience and arithmetic needs of a future executive.”
The members of the Association of Prosecutors defend that, despite the fact that “nothing prevents the effects of this organic law proposal from being the subject of analysis and debate in the Plenary of the Prosecutor’s Council, which directly affects the function, even though it is not mandatory. of the Judiciary in general and the Public Prosecutor’s Office in particular, by causing the curtailment of the constitutional function of the Prosecutor’s Office to promote the action of Justice in defense of legality, making it necessary to protect and recognize the work they carry out and have carried out. all the Prosecutors who, complying with the law and their constitutional commitment, intervene in the judicial processes that will decline if the proposal is approved, the damage to legal security and, ultimately, the constitutional fit of this regulatory instrument itself.
The members remind García Ortiz that “the Fiscal Council is configured as a body of the Fiscal Ministry that advises the Attorney General of the State in all matters submitted to it by the latter and that, due to its composition, it is conceived as a representative body of the Fiscal Career. which turns its debates into a forum for the expression of plural opinions and diverse sensitivities, as the State Attorney General’s Office has maintained in the past.