The concept of a rule of law is defined by the limitation of competencies. It is crucial for those in public offices to understand their boundaries and not overstep them. The Council of the Public Prosecution Service does not provide a clear definition of what it is, but rather lists out its responsibilities, which include reviewing and providing feedback on legislative proposals before they are brought to Parliament. The Council must stick to a technical-juridical analysis and not allow political ideologies to influence their decisions, as their role is to ensure the legality of the proposed laws, not to push forth a certain political agenda. It is important to maintain a separation between the legal and political realms, as crossing that line constitutes political action rather than legal analysis.
When individuals overstep their boundaries, even with good intentions, they are engaging in politics rather than fulfilling their legal duties. It is important for institutions to protect themselves from external influences that might seek to alter their purpose. The existence of a rule of law relies on the presence of checks and balances, and on individuals’ ability to self-limit and avoid overstepping their boundaries. It is crucial for the General Prosecutor of the State to resist any attempts to expand the Council’s competencies, as this would blur the lines between legal and political realms and potentially undermine the rule of law.
Santiago Mena Cerdá and Yolanda Ortiz Mallol, members of the Council of the Public Prosecution Service, emphasize the importance of maintaining clear boundaries and not allowing external pressures to influence their decisions. They emphasize the need for autonomy and the importance of not succumbing to attempts to expand their competencies beyond what is legally permitted. By staying within their designated roles, they ensure the integrity and independence of the Council and uphold the principles of the rule of law.
The erosion of boundaries between legal and political spheres can lead to confusion and a lack of clarity for the citizens. The integrity of the legal system relies on individuals’ adherence to their defined roles and competencies. It is essential for those in public offices to understand and respect the limits of their power in order to maintain the balance of power within a state. By upholding these principles, individuals can ensure the preservation of the rule of law and prevent any attempts to undermine its foundations.
