Thursday, December 18, 2014

Resigns Torres-Dulce, state prosecutor, by disagreements with the … – HOME

Resigns Torres-Dulce, state prosecutor, by disagreements with the … – HOME

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Eduardo Torres-Dulce, October 7, at the University Jaume I of Castellón. / Angel Sanchez / Reuters-Live

Eduardo Torres-Dulce has resigned as Attorney General. Officially, he argued “personal reasons”, but for some time their relations with the government were evil. He had already threatened to resign several times the previous Justice Minister Alberto Ruiz-Gallardón, and recently the current, Rafael Catala. Were notable tensions and lack of harmony with the Government legally could not dismiss him, but wait until he formalized his resignation and, as has now become not lift a finger to keep him in office.

With this resignation are four waivers, for various reasons, has had to confront the government of Mariano Rajoy in the last three months in key positions: the Ministers of Justice and Health, Alberto Ruiz-Gallardón and Ana Mato, respectively; CEO RTVE, Leopoldo Gonzalez Echenique, and now the attorney general. All but Mato, arising from disagreements or lack of government support. The very Mariano Rajoy said yesterday, “the dedication and effort” Torres-Dulce, while insisting that leaves for “personal reasons”.

Torres-Dulce called earlier today to Catala to communicate its decision, explain that you do not want any charges and that his intention is to return to the Prosecutor before the Constitutional Court. Indeed, the head of the Office is vacant as decided by Torres-Dulce, which adjourned on Wednesday the appointment to the Supervisory Board

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Succession of disagreements

Laws. The PP government spent pretending to criminal investigation to prosecutors at a minimum reform Procedure Act without the Prosecution. In fact, the Fiscal Council has hard reports almost all laws Rajoy.

Catalonia. The government tried a more rapid and forceful action after 9-N, although there was complaint as I wanted the Executive.

Corruption. The PP accuses Torres-Dulce lack of authority in summary that affect, especially in Gürtel.

Appointments. The Executive appointed judge of the Constitutional Court to Antonio Narváez, deputy prosecutor of the Supreme, without consulting him. Justice took over coordination Eurojust European judicial -organismo fiscal Teresa Gálvez behind. The PP negotiated the renewal of the General Council of the Judiciary excluding, for the first time since 1978, no tax.

Other decisions. Gallardón not endorse and aborted the draft fiscal European working in the Office and have ignored requests for increased fiscal spaces.

In October 2013, Torres-Dulce made a first hint of resignation to Gallardón. He complained of decisions and appointments affecting the prosecutorial career and for which he was not consulted. He felt ninguneado. Nor was asked his opinion when launched the draft Criminal Procedure Code, which gave the instruction to prosecutors. Nor has it been now, when that text has been reduced to a partial reform of the Criminal Procedure Act that backtracks and removes the instructor role of prosecutors.

The last April launched in Congress a harsh indictment of the lack of legal and human resources, materials to meet the big cases, without obtaining a favorable response from the Government.

Their lack of political clout in government left him outside those decisions and, in turn, the Executive and the PP blamed her lack of action and influence in major corruption cases and little authority to lead an autonomous body, but hierarchical. For example, PP leaders never understood that the prosecution was that provoked the imprisonment of Luis Barcenas, when the Prosecution asked avoidable prison on bail, ie, unless prosecutors. With the notable exception, no significant decision of Torres-Dulce who disagrees with the government’s position. For example, the release of ETA, in the quarrels of Bankia and preferred and the case Pheasant, among others.

Even were substantive difference at the end of the grievance against those responsible for the Generalitat of Catalonia on 9-N, although there were serious tensions these days with the government over the pace and the way in which Torres-Dulce managed the crisis, as well as the scope of the prosecution. The conclusion is that the Prosecution filed the lawsuit against Artur Mas and several of his advisers as intended from the first day the government. And there was agreement on the run for not intervening and not slow down the query to avoid greater evils.

The resignation comes just days before the Superior Court of Catalonia decide Monday on admission to processing of the complaint. Legal sources speak of notable doubts about the future of the controversial and unusual criminal action against the Catalan government. In principle, the Government intends to announce the name of the substitute today. It favors a member of the prosecution career. After announcing the name will be submitted for opinion of the General Council of the Judiciary and return to Cabinet. The applicant must be reviewed on the Nomination of Congress and, if approved, final appointment by the Government. The appointment presents a difficulty, which is that its mandate ends when the government ceases. That is, the choice would be one year in office, unless regains the PP and then propose. Or to enter a legal change in the coming months to extend the mandate.

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