A letter from the high court points out that “nothing prevents this state attorney general from proposing the same candidate as long as the new proposal meets the criteria expressed by the Third Chamber of the Supreme Court.”
The Attorney General of the State, Dolores Delgado, has again promoted Eduardo Esteban Rincón as prosecutor of the Juvenile Court, despite the fact that the Supreme Court annulled this appointment in two sentences that questioned Delgado’s way of proceeding for ignoring “striking differences” in this choice.
As published by the BOE, Delgado issued on May 5 a new proposal for promotion to the first category of Esteban Rincón’s prosecutorial career, as well as the appointment as prosecutor of the Coordinator of Minors, which was submitted to the Council of Ministers and approved. this Tuesday after the order of the Supreme.
What the high court did then was to annul and roll back the proceedings to motivate a new appointment proposal and that is precisely what Delgado has done in a new “extensive and motivated” 22-page decree.
“Nothing prevents this State Attorney General from proposing the same candidate as long as the new proposal meets the criteria expressed by the Third Chamber of the Supreme Court,” says the letter, which makes it clear that “the greatest specialization in matters of minors must be necessarily one of the criteria to be assessed”, although “it cannot be the only one or the most relevant” since other skills and knowledge concur.
In this regard, he cites the cases of Consuelo Madrigal and Javier Huete “who entered the position and the category without any experience in minors” to defend that “from the examination of the professional careers of both candidates” he considers Esteban Rincón as “the most suitable “.
“I give more value to the merits resulting from the performance of his professional activity as a prosecutor than to those derived from other activities that, despite the fact that they may adorn the resume of the other applicant and reveal his worth, are carried out outside the specific and specific task of members of the tax career”, he adds.
In his opinion, “if we exclusively follow the specialty criterion, we would be going beyond the statutory requirements, limiting the possibilities for courtroom prosecutors to change subjects” and “we would be sending the message that the only certainty to reach the category courtroom prosecutor is to aspire to become a hyper-specialist”.
Delgado thus reacts to the Supreme Court rulings that came to point out that “Esteban Rincón’s relationship with the matter of minors has been sporadic and minimal, while de la Rosa Cortina has made this matter the center of his professional life” and ” Those circumstances cannot be ignored.
In its two sentences, the Contentious Administrative Chamber of the Supreme attacked Delgado for not reasoning the appointment of Eduardo Esteban Rincón as prosecutor of the Juvenile Court and ignoring the “so striking and manifest differences” between this and the other candidate in their resumes , José Miguel de la Rosa, one of the appellants to the Supreme Court.
The Supreme Court said that “the motivation of the state attorney general does not meet the minimum requirements”, so that “it ignores José Miguel de la Rosa, but it says nothing about the merits of the proposed one in the matter of minors.”
“He only deduces his capacity for the position on the basis of the action plan presented by Eduardo Esteban Rincón, and refers to the functions of coordinator that he has carried out in various destinations, none of which are exclusively focused on the matter of minors, and to his knowledge of the needs of the members of the prosecutor’s career” and “does not contrast the suitability of the candidate with the demands of the position as provided for in the regulations,” he added.
