The Supreme Court has asked the Constitutional Court to decide how a rule of the Public Prosecutor's Office should be applied. Article 67.3 of the Statute that governs the activity of prosecutors is contrary to two articles of the Constitution.

The Supreme Court points out that in the Spanish administrative system the appeal is filed before the highest hierarchical body that issued the contested act. The order also recalls the jurisdictional problem derived from the attribution to the National Court of the acts of the ministers, including that of Justice.