EU court rejects request to annul appointment of Portuguese European prosecutor

The government had nominated Portuguese magistrate José Guerra after he was selected by the High Council of the Public Prosecutor’s Office. [EPA-EFE/JULIEN WARNAND]

The EU’s General Court in Luxembourg has rejected the request submitted by attorney Ana Carla Almeida to annul the appointment of José Guerra as Portugal’s pick for the delegated prosecutor position at the new European Public Prosecutor Office (EPPO), but the magistrate announced on Tuesday that she would appeal the decision to a higher instance.

“I will appeal to the Court of Justice, which is the Supreme and Constitutional Court of the European Union, from which I confidently expect the analysis of the substance of the issue, that is, the illegitimacy of the procedure of the Portuguese government, which violated the decision of the Council of the European Union,” the magistrate said in a statement.

The government nominated Portuguese magistrate José Guerra after he was selected by the High Council of the Public Prosecutor’s Office, although a European committee of experts considered Ana Carla Almeida to be the best candidate for the post.

The government has since been at the centre of a controversy, mainly for having sent erroneous data in a note to the EU Council attached to José Guerra’s CV, even though the structure has corroborated the Portuguese executive’s position that the “lapses” regarding the magistrate’s nomination proposal for European Public Prosecutor did not interfere with the decision of his appointment.

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