Eduardo González
The Ministry of Justice has reappointed María de las Heras to her position as Liaison Magistrate to the United States authorities, with accreditation extended to the Canadian authorities.
María de las Heras, former director of the Center for Legal Studies (CEJ), was appointed to this position in March 2020 by the then Minister of Justice, Juan Carlos Campo, replacing Jorge Carrera Domenech.
The Liaison Magistrates, under the Ministry of Justice, were created by Royal Decree in application of the 2015 Law regulating the status of the Spanish national member of Eurojust, conflicts of jurisdiction, judicial networks for international cooperation, and personnel reporting to the Ministry abroad, in accordance with the Law on State Action and Foreign Service.
The maximum term of employment for the same position abroad for personnel included in the Ministry of Justice’s legal system is five years, but the appointing authority may extend this term “by reasoned resolution” for up to two years.
Therefore, “given the concurrence of reasons of special jurisdiction and the convenience of completing ongoing projects,” the Minister of Justice, Félix Bolaños, signed on March 31 the extension of María de las Heras’s term as Liaison Magistrate to the United States until July 31, 2026, as published this past Friday in the Official State Gazette (BOE).
The position and functions
Liaison Magistrates report organically and functionally to the Ministry of Justice, through the General Directorate of International Legal Cooperation and Human Rights, without prejudice to their hierarchical reporting to the head of the Diplomatic Mission or Permanent Representation to which they are attached.
This position is reserved for members of the Judicial or Prosecutorial Services, and their appointment is the responsibility of the Minister of Justice, following a report from the Ministry of Foreign Affairs and the General Council of the Judiciary or the Prosecutorial Council, depending on the service from which they originate.
Liaison Magistrates have four main functions: to promote and facilitate judicial cooperation in civil and criminal matters between Spain and the State to which they are accredited; to support the competent judicial authorities in the drafting and execution of requests for assistance, or mutual recognition in the case of Liaison Magistrates in the European Union; to exchange information with the authorities of the destination country on issues that may arise in the exercise of their functions; and to collaborate with the Spanish central authority and the Spanish judicial authorities when requested.
Spain has five Liaison Magistrates abroad, covering nine countries: Belgium (accredited in the Netherlands and Luxembourg), the United States (accredited in Canada), France, the United Kingdom (accredited in Ireland), and Morocco. The Liaison Magistrates’ Office is subject to budgetary availability, which requires careful identification of the countries where the position may be most needed and, at the same time, making the most of the position, occasionally through accreditation in third countries.
Similarly, other countries have their own Liaison Magistrates or similar positions in Spain, sometimes on a permanent basis and sometimes for specific periods. The United Kingdom, France, the Netherlands, Morocco, and Romania all have, in one form or another, representatives accredited to the Ministry of Justice.
