Bill to give the Public Prosecutor's Office more independence from the Government

Automatic summary, not yet reviewed

1. The bill would give the Public Prosecutor's Office (Ministerio FiscalMinisterio Fiscal The Spanish public body that defends legality and citizens' rights before the courts.) full budget autonomy, with its own specific line in the State General Budgets.
2. It would change how the State Attorney General (Fiscal General del EstadoFiscal General del Estado The head of the Public Prosecutor's Office, who leads the whole institution.) is appointed and removed: the candidate would have to appear before Congress and be confirmed by at least two thirds of the House. The term would be six years, non-renewable, and removal only for specific causes.
3. Communications between the Government and the Public Prosecutor's Office, and between the Cortes and the Public Prosecutor's Office, would always have to be in writing, to make them transparent and protect the institution's independence.
4. It would reform the Fiscal Council (Consejo FiscalConsejo Fiscal The body that assists and advises the State Attorney General in their duties.): it would be elected by all active prosecutors, its powers would be renewed (appointments, training, discipline), and it would confirm appointments to senior posts with the favorable vote of seven of its members.
5. It would strengthen each prosecutor's individual independence: if a prosecutor receives an order they consider contrary to the law, their Prosecution Assembly, or the Fiscal Council if the order comes from the State Attorney General, would issue a binding decision on the disagreement.
6. There would be a three-month period from the law's entry into force to propose the new State Attorney General under the new procedure, and the Government would have six months to adapt the Statute's regulations. The law would enter into force one month after publication in the official gazette (BOE).

Who it affects

• The Public Prosecutor's Office and its prosecutors: Their rules on organization, appointments and discipline would change, strengthening their independence from the Government.
• The State Attorney General (Fiscal General del Estado): Their appointment would require confirmation by two thirds of Congress and their removal would be limited to specific causes.
• The Government: It would lose discretionary power over the State Attorney General, and its communications with the prosecution service would always be in writing.
• The Congress of Deputies (Congreso de los Diputados): It would gain a central role in confirming the appointment and, where applicable, the removal of the State Attorney General.

Words worth knowing

Ministerio Fiscal

The Spanish public body that defends legality and citizens' rights before the courts.

Fiscal General del Estado

The head of the Public Prosecutor's Office, who leads the whole institution.

Consejo Fiscal

The body that assists and advises the State Attorney General in their duties.

Avocar

For a superior to take over a case that had been assigned to a lower-ranking prosecutor.

Ratificar

To confirm a proposal with a vote, in this case by Congress.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries