The Anti-Corruption Prosecutor’s Office considers that the National Court has jurisdiction to investigate the Koldo case. The European Prosecutor’s Office had requested almost a month ago the transfer of the proceedings being investigated by the Central Instruction Court number 2 of the National Court. The Anti-Corruption Prosecutor argues that the European institution cannot take over the entire investigation because the majority of the funds involved are of national origin. The amount of national funds affected is almost three times higher than the European funds used in the purchase of medical supplies during the early stages of the pandemic. The Anti-Corruption Prosecutor also emphasizes that the Audiencia Nacional is investigating a scheme that has compromised the normal functioning of the Spanish Administration, involving individuals such as Koldo García, former advisor to socialist José Luis Ábalos, among others.
The European Prosecutor’s Office, based in Luxembourg, had taken over the investigation of the supply of masks contracted by the health services of Baleares and Canarias, but later decided to assume the entire case after analyzing a report from the Central Operative Unit of the Civil Guard. The European Prosecutor argued that the suspected contract awards fit into a single scheme operating in different areas and decided to take over the investigation since it involves economic amounts coming from the EU budget. There have been some disputes between the European Prosecutor’s Office and the Anti-Corruption Prosecutor regarding the competence of certain cases since the former began operating in Spain three years ago. The competence issue of the Koldo case will be ultimately determined by the Supreme Court as the case is already judicialized.
The Anti-Corruption Prosecutor argues that the relationship between the European Prosecutor’s Office and Spanish judicial bodies is not based on subordination but on the protection of national interests. In their opinion, the European Prosecutor’s competence is unquestionable when European financial interests are affected or the crimes investigated are closely linked to those examined by the European institution, which does not apply in this case. The Anti-Corruption Prosecutor points out that the case investigated by Magistrate Ismael Moreno is much broader and more complex than what the European Prosecutor’s Office considers. The ongoing investigation goes beyond the mere allocation of contracts involving European funds, reaching different public administrations and a pre-existing organization unaffected by European funding, as evidenced by wiretaps and police surveillance.
Overall, the debate revolves around the jurisdiction of the investigation into the Koldo case, with the European Prosecutor’s Office claiming authority over the entire case based on the involvement of European funds, while the Anti-Corruption Prosecutor advocates for the continued involvement of the National Court due to the predominantly national origins of the funds involved. The Supreme Court will ultimately determine the competence of the case, which involves allegations of irregularities in the purchase of masks during the early stages of the pandemic affecting various governmental entities and individuals. The complex and extensive nature of the investigation highlights the need for a clear determination of jurisdiction to ensure a thorough and effective resolution of the case.
