The Hearing of Seville has accepted the doubts raised by the legal representation of the PP of Andalusia and has issued a providence in which he somehow questions the protection of the Constitutional Court to the former PSOE Directors of the PSOE and the Board convicted in the case of the ERE. The word has passed to all parties to be pronounced regarding several issues and raises “the possibility that the valuations made by the Constitutional Court in those sentences”, which “lead to it to understand” that both the hearing and the Supreme Court would have “violated the right to the criminal legality of the recurring” in amparo “are not completely compatible with the right of the union.
That is why now he asks the parties that within ten days they make “allegations about the possible approach of a preliminary ruling for the Court of Justice of the European Union” before issuing new pronouncements. All this after the First Section of the Hearing agreed to the Constitution of the Court for the dictation of the new sentences in the ‘political piece’ of the ERE after the Constitutional Court deflated the macrocause before the summer and that the Supreme Court has begun to acquit exalted socialist positions of other pending pieces by having already been tried.
The hearing, after a little over a month ago the PP asked as to take the matter to European justice by considering that the constitutional “overreached”, wants to collect “the opinion of the parties” around the interpretation of several aspects, including precisely “if the Constitutional Court has exceeded in the control function that corresponds to invading areas reserved for the jurisdiction of the judges and court Alternative interpretation of regulatory elements of the criminal types of prevarication and embezzlement of public flows, the probative assessment and the subsumption judgment made by the Provincial Court of Seville and by the Supreme Court ”.
The judges of the hearing go more concretely and ask the parties “if the interpretation of the Constitutional Court on the Andalusia Budget Laws of the years 2002 to 2009 opposes the community regulations and jurisprudence, by leaving out of all control what has to do with the budgetary activity from the initial phase of preparation of the budgets to the final phase of its execution, which could generate a situation of a situation of self -process public and a decrease of the proper functioning of the patrimonial activity of the State, of the confidence of the company in the honest management of public funds and of the duties of fidelity and transparency that public officials have in charge of the public administration assets ”.
The hearing also questions “the possibility that said doctrine breaches the international demands to fight political corruption, being incompatible with the provisions of the European Union’s operational treaty on the fight against fraud and against illegal activity that affects the financial interests of the Union, of preventing and combating corruption in general and providing for the application of effective and deterrent sanctions in case such infractions are produce ”.
Likewise, and finally, he asks about the possibility “that the ordinary courts do not apply the sentences of the Constitutional Court interpretive of the autonomic legal norms (budget laws from 2002 to 2009) that, in their opinion, lead to understand as lawful the conduct of the accused when, according to the national ordinary courts, said norms do not exclude criminal typicity”.
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