The Supreme rejects Delgado's request to file the appeal against his promotion to the highest category

She alleged that the recurring candidate could apply for the position now that she is in Democratic Memory and Human Rights

The Supreme Court (TS) has rejected the request made by the former State Attorney General Dolores Delgado, who had urged the filing of the appeal filed by the prosecutor Luis Rueda against his appointment as prosecutor of the Military Chamber of the TS, alleging that , now that she has been appointed prosecutor of Democratic Memory and Human Rights, he can once again apply for the position of the Robed Prosecutor's Office.

Delgado presented a brief on June 20 in which he argued that Rueda's appeal against his promotion to the highest category of the Public Ministry (parlor prosecutor) had lost its purpose because the position for which he was fighting had become vacant again, a thesis supported by the State Attorney's Office.

For the former head of the Public Prosecutor's Office, Rueda's "interest" in this appeal had disappeared because he only contested the fact that he was not chosen for that position, without specifically combating Delgado's promotion to courtroom prosecutor.

However, the Supreme Court agrees with Rueda, who argued that it was not the same to cancel Delgado's promotion and return the process to the precise moment in which the State Attorney General, Álvaro García Ortiz, proposed it for the Fifth Chamber of the Supreme, to open a new call now.

In an order, a presentation by magistrate Luis María Díez-Picazo, the Contentious-Administrative Chamber explains that, if Rueda's appeal were finally admitted, "it would imply the need to issue a new resolution in the administrative procedure by which, in its day the position of prosecutor of the room of the Prosecutor's Office of the Supreme Court was called, something that is not at all the same as making a new call for that position".

"Hence, it is not possible to appreciate the sudden loss of the requested object", decides the Third Chamber, which imposes the costs on Delgado, setting them at a maximum of 300 euros.

It should be remembered that Delgado took over the position in the Fifth Chamber after a plenary session held last September where the majority of the Fiscal Council supported Rueda, a military specialist prosecutor who currently works as a prosecutor lieutenant of the Court of Accounts.

Along the same lines, García Ortiz agreed on June 8 to propose Delgado as prosecutor of the Democratic Memory and Human Rights room against the criteria of the majority of the Fiscal Council.

The anti-drug prosecutor Luis Ibáñez, one of the three candidates who competed with Delgado for this newly created position, has also appealed this second appointment before the Supreme Court.

The Association of Prosecutors (AF), the majority in the prosecutorial career, also appealed to the TS this last designation in favor of Delgado, while the Professional and Independent Association of Prosecutors (APIF), plans to do the same in the coming days, according to tax sources consulted by Europa Press.

AF and APIF consider that the appointment of Delgado as prosecutor of the Democratic Memory and Human Rights room, which became effective on June 13, is null and void. They adduce as the main reason that he could incur a cause of incompatibility because his partner, the former judge of the National Court Baltasar Garzón, directs a foundation dedicated to human rights.

To this they add a technical reason. According to AF and APIF, the opinion of the Fiscal Council --which is mandatory but not binding for the State Attorney General in matters of discretionary appointments-- was not formed correctly because the six members of the AF and the APIF decided not to participate in the deliberation and vote on that position because García Ortiz refused to decide beforehand if said incompatibility existed.