The Attorney General of the State, Dolores Delgado, has once again promoted the prosecutor Eduardo Esteban as prosecutor of the Juvenile Coordinating Chamber despite the fact that the Supreme Court annulled his appointment in two sentences where his appointment policy was called into question in favor of his former association, the Progressive Union of Prosecutors (UPF).
As published by the Official State Gazette, the State Attorney General formulated on May 5 a new proposal for promotion to the first category of the prosecutor’s career of Mr. Eduardo Esteban as Prosecutor of the Coordinator of the Juvenile Court of the State Attorney General’s Office.
The appointment was approved in the Council of Ministers yesterday. “At the proposal of the Minister of Justice, given that formulated by the State Attorney General, in accordance with the provisions of articles 41.1 and 36.1 of Law 50/1981, of December 30, which regulates the Organic Statute of the Prosecutor’s Office, and after deliberation by the Council of Ministers at its meeting on May 31, 2022, I hereby promote Mr. Eduardo Esteban Rincón to the first category of the prosecutor’s career, who will hold the position of Chamber Prosecutor of the Prosecutor’s Office of Children’s Chamber of the State Attorney General’s Office “, reads royal decree 417/2022, of May 31.
In its sentences, the Third Chamber of the Supreme Court made Delgado ugly “the great difference between the professional career” between Esteban and the other candidate, the prosecutor of the Chamber José Miguel de la Rosa. The High Court held that while Eduardo Esteban’s relationship with the matter of minors was “sporadic and minimal,” prosecutor De la Rosa Cortina “made this matter the center of his professional life.” The TS magistrates stressed that “these circumstances cannot be ignored” since “there is a difference between the two candidates that is so striking that it makes the reasons” of the attorney general decline to appoint the UPF prosecutor.
The resolutions argued that discretion in appointments only operates under equal curricular conditions, that is, with similar merits and abilities. “If Eduardo Esteban Rincón, even in the matter of minors, had competed for the position with another candidate of similar merits to his and a substantially comparable professional career, we could understand that the proposal satisfies the standard of motivation in terms of the reasons that justify his election. Minors Coordinator.
The Supreme Court ordered the attorney general to submit a “new proposal” for appointments “in the terms required in this sentence.” Sources from the High Court explained to EL MUNDO that this difference in curricula between the candidates was “so abysmal” that the sentences only left the attorney general room to appoint De la Rosa as prosecutor of the Juvenile Court.
The Attorney General, on the other hand, disregarded the criteria of the High Court and has reappointed the prosecutor with less merit and capacity in this matter.
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