The Spanish prosecution office and its relationship with the legislative

Abstract

The position held by the Spanish prosecution office within the constitutional structure designed in 1978 determines a special relationship between the attorney general and each one of the three powers of thEstate. Traditionally, the subject has been studied by scholars in relation to the executive and the judiciary, but the special relationship with the legislative power cannot be overlooked; this relationship is the subject of the present analysis. The attorney general, as an “ex officio” defender of legality, cannot be free from a certain form of parliamentary control, but that does not endanger his constitutionally recognized autonomy; there is an accountability duty for the parliament as well as a duty of collaboration. Collaborations can be seen in investigation committees, where the attorney general brings to a close the parliamentary investigation and offers indirect collaboration through the ombudsman.