The president of the First Section of the Provincial Court of Seville has issued a government agreement in which it agrees that an expanded Chamber composed of five magistrates from this Section will dictate the new sentence of the ERE Andalusia case to comply with what was decided by the Constitutional Court in relation to the amparo appeals presented by former senior officials of the Board convicted in said procedure.
In said governmental agreement, dated November 7, the president of the First Section of the Court agrees that, in addition to the judges Pilar Llorente Vara and Encarnacion Gomez Caselles -two of the three magistrates who were part of the court that tried and handed down a sentence in this procedure-, the magistrates of the First Section also form part of the Chamber Francisco de Asís Molina Crespo, Juan Jesús García Vélez and Patricia Fernandez Francothe presentation corresponding to Pilar Llorente.
This Agreement, as stated in its text, is issued once communicated to the First Section of the Hearing on Agreement of the Permanent Commission of the General Council of the Judiciary (CGPJ) that responded to the urgent query that was sent to it by the Superior Court of Justice of Andalusia (TSJA) regarding the formation of the court that must issue the new sentence.
Specifically, the Government Chamber of the TSJA raised a question about the possibility that Judge Encarnación Gómez, currently assigned to the Provincial Court of Alicante and in the administrative situation of voluntary leave, he joined the Chamber for the issuance of the new resolution.
Taking into account that the object of the consultation is jurisdictional in nature and that the Organic Law of the Judiciary (LOPJ) prohibits the CGPJ from issuing instructions on the application and interpretation of the legal system, the Permanent Commission of the CGPJ responded to the TSJA informing that “the obligation remains for the magistrate to attend the formation of a Chamber for the issuance of the new sentence”, and this in accordance with article 194.2.3. of the Civil Procedure Law.
Difficulty and legal significance
The president of the First Section of the Court makes this decision taking into account several aspects, and specifically that the magistrate who was the speaker of the sentence cannot be part of the Chamber, Juan Antonio Calle Peñaand that another magistrate must be appointed for said function, as well as the content of article 199.2 of the Civil Procedure Law“which advises forming the Chamber with the necessary magistrates to form a majority.”
Likewise, it alludes to the content of article 197 of the Organic Law of the Judiciary, “which authorizes a greater number of magistrates to be called to form a Chamber when it is deemed necessary for the administration of justice (which in the present procedure is undeniable). due to its difficulty and legal significance)”, to which is added that “the matter to be deliberated, without prejudice to what the Chamber could understand, could be configured in the sense of having a strict and exclusive purpose of legally accommodating the basis factual fact already established to the situation and reasoning arising from the ruling of the Constitutional Court.
In accordance with the government agreement issued, the expanded Chamber must be formed in the indicated procedure, notify its constitution to the parties in personand the appropriate resolutions will be issued by it.
This Agreement has been adopted in accordance with the resolution of the CGPJ and the interests of the TSJA and the Presidency of the Provincial Court on the basis of the Government functions that, according to article 198.1 of the Organic Law of the Judiciary, correspond to the presidents of the Sections.
#judges #Seville #Court #write #sentence #Chaves #Griñán #ERE #Andalusia #case
