The president of the First Section of the Provincial Court of Seville has issued a Government Agreement in which he agrees that an expanded Chamber composed of five magistrates of this Section dictates the new sentence in the ERE case. This complies with what was decided by the Constitutional Court, which partially annulled the sentences confirmed by the TS following appeals for protection presented by convicted former senior officials of the Board.
According to the agreement issued, the court will finally be composed of the judges Pilar Llorente Vara and Encarnación Gómez Caselles -who were part of the court that tried and handed down a sentence in this procedure-, together with the magistrates of the First Section Francisco de Asís Molina Crespo, Juan Jesús García Vélez and Patricia Fernández Franco. The speaker will be Pilar Llorente.
Difficulties
To form the court it has been necessary urgent consultation with the CGPJ raised by the TSJA about the possibility that Judge Encarnación Gómez, currently assigned to the Provincial Court of Alicante and in the administrative situation of voluntary leave, would join the Chamber for the issuance of the new resolution, as has finally happened.
The judge who was the speaker of the sentence is not part of the courtroom, Juan Antonio Calle Peña, who is already retired.
Finally, we have resorted to 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 factual basis already established to the situation and reasoning arising from the ruling of the Constitutional Court”.
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