Attorney General of the State | |
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Attorney General of the State Office | |
Nominator | Spanish government, after hearing the General Council of the Judiciary |
Appointer | King of Spain |
Term length | 4 years, no term limits |
Constituting instrument | Spanish Constitution |
First holder | José María Gil-Albert Velarde |
Website | www |
The Spanish Attorney General, officially, Attorney General of the State (Spanish: Fiscal General del Estado), is the head of the Office of the Attorney General of Spain (Ministerio Fiscal), the body with functional autonomy in the Judiciary, that has constitutionally entrusted the promotion of the action of the justice in defense of the legality, of the rights of the citizens and of the public interest following the law.
The Attorney General is appointed and dismissed by the King, at the proposal of the Government, after hearing the General Council of the Judiciary. However, the candidate also needs the approval of a Congress commission. Therefore, for its appointment it needs the approval of the three powers of State. The candidate must be a Spanish jurists of recognized prestige and with more than fifteen years of effective exercise of their profession.
According to the law of the Office of the Attorney General:
The attorney general acts with presumed impartiality and is presupposed independently, without being able to receive instructions or orders from the Government or from any other administrative or judicial body. In any case, the Government may ask the Attorney General of the State to promote before the Courts the pertinent actions in order to defend the public interest. The governing bodies of the autonomous communities may address in similar terms to the Attorney General Office through the superior attorney of each community.
The position of Attorney General of the State was created by the Constitution of 1978. Before this, the duties of the position were exercised by the Supreme Court's Attorney.