The government will separate the attorney general's mandate from the executive branch to "strengthen his independence."

The government will approve a reform this Tuesday in the Council of Ministers to separate the mandate of the Attorney General of the State (FGE) from that of the legislature, in order to "strengthen the independence of the Public Prosecutor's Office" and respond to the "repeated recommendations" of the European Commission and the Council of Europe, according to government sources confirmed to Europa Press.

Specifically, the FGE's term will be five years and will no longer coincide with that of the Executive Branch . Furthermore, it will not be renewable, unless the incumbent has held the position for less than a year. In the event of early termination, the new head of the Prosecutor's Office will complete the remainder of the previous term.

To avoid discretionary dismissals, the Government may only remove the FGE for "serious or repeated breach of his or her duties" and following a report from the General Council of the Judiciary (CGPJ). Furthermore, the FGE will be prohibited from appearing before the Council of Ministers, and any communication between the Council and the Executive "must be in writing and published."

According to the same sources, the reform also grants "greater functional autonomy" to the Public Prosecutor's Office , since the appointment, promotion, and disciplinary regime of the main prosecutors will be the responsibility of the FGE, rather than the Government.

With a view to the future Criminal Procedure Law (LECrim), the text provides that the Prosecutor's Office will direct the Judicial Police in the investigation of crimes. Thus, the Chief Prosecutor will appoint the investigating prosecutors, and the same rules of abstention and recusal will apply as to judges and magistrates, in accordance with the Organic Law of the Judiciary.

Another point of this reform is the role that will be given to the Board of Prosecutors , since it will be able to impose its criteria on those of the Attorney General of the State if it has a qualified majority of three-fifths.

Regarding transparency, it is established that prosecutors' associations "may not receive funding from private entities or foreign governments or organizations." Furthermore, they must register in an official registry under the jurisdiction of the Attorney General's Office.

Finally, the preparation of opposition candidates by prosecutors will require prior authorization from the FGE (General Electoral Court) and will be recorded in a public registry, also under the jurisdiction of the Attorney General's Office. The objective, according to the Executive Branch, "is to avoid conflicts of interest and increase oversight of this activity."

This reform of Law 50/1981 , which regulates the Organic Statute of the Public Prosecutor's Office, is "the largest" since its approval nearly 45 years ago, according to the Government, and aims to "reinforce the independence of the Public Prosecutor's Office" and "respond to the repeated recommendations of the European Commission and the Council of Europe's Group of States against Corruption (GRECO)."

Various sectors, including the Prosecutor's Office itself, have been calling for a reform that would strengthen its autonomy so that, as provided for in the new LECrim (Ley Criminal) Act—still pending parliamentary approval—prosecutors can assume the investigation of criminal cases, currently in the hands of judges.