Since the promulgation of the Spanish Constitution of 1978, 17 people – 14 men and 3 women – have held the responsibility of being Attorney General of the State. None of them have been spared from significant criticism during their tenure. The appointment of the Attorney General being linked to the government according to Article 124.4 of the Constitution has been the root cause of criticism against every Attorney General in Spain. Nearly 46 years after the promulgation of the Constitution, there is a general dissatisfaction in social, political, and legal spheres regarding the appointment process of the Attorney General. It is suggested that political parties should focus on finding ways to achieve greater consensus for a necessary constitutional reform in this matter, rather than undermining the institution of the public prosecutor’s office for political gain.
Despite the constant criticism faced by all Attorney Generals since 1979, it has not affected the institution of the public prosecutor’s office in Spain. The institution has modernized, strengthened, and increased its public prestige. In 2007, the public prosecutors took a significant step towards greater autonomy and independence from the Executive Power by preventing unilateral dismissal of the Attorney General for political reasons and only allowing objective grounds for revocation of the position. The implementation of specialization as a principle has been successful in combating sophisticated and transnational crime, leading to a significant improvement in the institution’s reputation and effectiveness.
However, recent times have seen dark clouds looming over the judicial system. The author expresses concern about unfair criticisms directed at prosecutors, including personal attacks and baseless accusations of serving political interests. This not only affects the individual prosecutors but also undermines the functioning of a crucial institution for justice in Spain. It is emphasized that unity among prosecutors is essential to defend the autonomy they have worked hard to achieve and wish to expand further. The author reassures the society that prosecutors serve only the principles of legality and impartiality, and the institution has effective mechanisms to address and report any pressures faced.
The author highlights the importance of unity among prosecutors in defending their autonomy and the role they play in society. It is crucial for prosecutors to remain united to uphold the principles of legality and impartiality, despite facing unfair criticism and attacks. The public should be aware that prosecutors do not serve political interests but are committed to upholding justice and the rule of law. Despite the challenges faced by prosecutors, the author remains optimistic about the future of the public prosecutor’s office in Spain and its continued service to society.
