The Spanish government is set to approve a significant reform on Tuesday that alters the functioning of the Public Prosecutor's career to align with the new Criminal Procedure Law (Lecrim).

This legislation grants prosecutors the authority to handle the investigation of criminal cases.

A key aspect of the proposed reform, which will be presented to the Council of Ministers, is that the mandate of the Attorney General will no longer coincide with that of the government.

Instead, the head of the Public Prosecutor's Office will be appointed for a non-renewable term of five years.

Under this new framework, the government will be prohibited from issuing instructions to the Attorney General on any matters, and all communications between the Attorney General and the government will be required to be public and conducted in writing.

This reform was initiated prior to the investigation of the current Attorney General, Álvaro García Ortiz, for allegedly leaking confidential information related to Isabel Díaz Ayuso's partner.

Both the General Council of the Judiciary (CGPJ) and the Public Prosecutor's Office have called for future regulations to safeguard the autonomy of the prosecutorial office and its independence from the government, thus shielding prosecutors from external pressures during criminal investigations.

The CGPJ emphasized the urgent need to reinforce the independence of the Public Prosecutor's Office in its report approved last December, which supports the law that empowers prosecutors as investigators.

The proposed text addresses these autonomy concerns, having been requested by the Group of States Against Corruption (Greco), a body that has signaled through its reports the necessity of reforming the Public Prosecutor's Statute.

Greco has particularly highlighted the potential conflicts arising from the current practice where the Attorney General’s term aligns with that of the government.

The reform breaks this link.

While the government will continue to appoint the Attorney General, their tenure will not be contingent upon the legislative period, meaning a newly formed government will retain the Attorney General appointed by its predecessor.

The Attorney General's five-year term will only be subject to replacement if the position has been occupied for less than a year; if the Attorney General ceases to serve before the term’s conclusion, their successor will be limited to the remaining time.

To avert dismissals due to disagreements between the new government and the Attorney General, the draft maintains specific grounds for dismissal and requires a prior report from the CGPJ if the government seeks to dismiss the Attorney General for serious or repeated failures in their duties.

Additionally, the new text aims to further bolster the autonomy of prosecutors by prohibiting both central and regional governments from influencing prosecutorial actions.

The Attorney General cannot be summoned to appear before the Council of Ministers, and all communications must be documented and public.

The power to appoint, promote, and sanction senior prosecutors has been transferred from the government to the Attorney General.

However, the proposed changes also include limitations on the Attorney General’s discretion in issuing instructions on specific cases, requiring agreement from the Deputy Attorney General of the Supreme Court or the Chief Prosecutor in relevant sections.

Changes to Article 27 of the Statute will enhance the authority of the governing board of prosecutors in resolving disagreements, allowing the board to impose its position with support from at least three-fifths of its members.

The proposal also amends the Statute to align with the new role of prosecutors as lead investigators in judicial inquiries.

It states that the Public Prosecutor's Office will direct the Judicial Police in their investigative duties; outlines the appointment of prosecutors for each investigation by the Chief Prosecutor; regulates investigative procedures; and establishes rules for recusation and abstention that match those of judges set out in the Organic Law of the Judiciary.

Furthermore, the upcoming Council of Ministers meeting is expected to vote on the reform of the Organic Law of the Judiciary (LOPJ), which aims to expand and strengthen the judicial and prosecutorial careers.

The reform includes modifications to the current examination system and seeks to increase the number of judges by streamlining access through the so-called 'fourth turn' reserved for distinguished legal professionals while resolving the interim status of hundreds of substitute judges.

This draft follows mandatory reviews by the CGPJ, the Fiscal Council, and the Council of State, with only the latter providing general support to the proposal.

The final text submitted to Congress incorporates adjustments to technical elements, such as removing the mandatory competition for judicial promotion and addressing historical requests from the CGPJ, including the elimination of the substitution phase and reinforced support for trainee judges.

Nonetheless, the draft maintains certain provisions that were questioned by the CGPJ and the advisory body of the Fiscal Council, such as the requirement for judges acting as examiners to seek compatibility for preparing candidates, previously limited only to those supervising a specific number of hours, and a special process to consolidate the status of hundreds of substitute judges currently totaling 913, over 70% of whom are women, many of whom have been in temporary roles for over two decades.