The Association of Prosecutors (AF), majority in the race, is preparing an appeal before the Contentious-Administrative jurisdiction in which he denounces the “arbitrariness” of the State Attorney General, Dolores Delgado, in her decision to appoint the Supreme Prosecutor Javier Zaragoza as delegate in Campo de Gibraltar. Prosecutors maintain that this position, that Delgado awarded by decree of March 15 to the former head of the National Court, overlaps with the functions of the specialized Prosecutor’s Office of Anti-drug, as denounced by the prosecutor-head of this unit. José Manuel Noreña appealed this decision, considering it “illegal, inadmissible and null and void” as it was carried out without any internal competition, evaluation or justification.
AF sources told ABC that it is about the justice system to determine if this appointment has been made without respecting the functions that the Organic Statute of the Public Prosecutor reserves to the Anti-Drug Prosecutor’s Office of the National High Court. And it is that as Noreña himself showed, that designation does not have protection in the statute of the race, which, although it establishes that the State Attorney General may delegate to courtroom prosecutors functions related to the matter within his or her jurisdiction, “in no case does it provide for the possibility of appointing a delegate whose functions fully coincide with those of a single Prosecutor’s Office».
Noreña also pointed out that the “imprecise orders” contained in the decree on Javier Zaragoza, speaking of coordination without specifying in what way it will be integrated into Anti-drug or what hierarchical position it will hold, they coincide “fully with the coordination powers” that correspond to him by legal provision. “There is an authentic overlap or practical identity of the signatory’s powers,” he adds in the letter reported by ABC.
In the opinion of the chief prosecutor, “from a formal perspective”, the decree “is considered illegal because it has been issued totally and absolutely without any procedure”, unlike what Anti-drug has done when it has had to reinforce the fight against drug trafficking in the Bay of Algeciras in line with the Government’s Special Plan for this area, calling internal competitions and following the procedure.