New turn in the case of the ERE. The First Section of the Seville Court believes that the sentences of the Constitutional Court that covered a dozen senior positions of the Junta de Andalucía for the financing of fraudulent employment regulation files They could not be compatible with the right of the European Union. Therefore, a deadline has been opened for the parts of the procedure to rule on whether the TC “It has exceeded” in its resolutions with an “alternative interpretation of prevarication and embezzlement”, if said doctrine “fails international demands to fight corruption” and for the possibility of not applying such sentences.
Thus it appears in a providence issued on Tuesday, after the Constitutional (with a majority of seven magistrates in favor and four against) partially admitted the Amparo resources of 10 of the former Socialist Directors of the Junta de Andalucía. These had been convicted by said instance for prevarication and in other cases also for embezzlement.
Given the case, the TC The conviction annulled To former Socialist Directors of the Board as the Autonomous Presidents Manuel Chaves and José Antonio Griñán, the former socialist and former counselor of Economy of Andalusia Magdalena Álvarez, the former Socialist Employment Department Antonio Fernández, the former Socialist Counseling of the Treasury Carmen Martínez Aguayo, the former Socialist Counselor of Innovation Francisco Vallejo or the former Consciousness of Innovation of Innovation.
After canceling these convictions, the Constitutional ordered the First Section of the Hearing the issuance of New sentencestaking into consideration the legal foundations incorporated by the Court to the matter. Broadly speaking, the TC has declared that the hearing, in its initial conviction and the Supreme Court by dismissing the cassation resources of the aforementioned accused, would have “incurred in An extravagant and unpredictable interpretation of the typical elements of ‘resolution’ and ‘administrative matter’ that violates fundamental right to the criminal legality that guarantees article 25 of the Spanish Constitution. “
According to the CT, “it cannot be considered that participation in the approval of preliminary projects of the Budget Law and its approval as bills can be qualified as resolutions relapsed in administrative matter”; warning that “the judges, who are subject to the empire of the law, have the duty to respect it whatever the trial that its content deserves” and “only when they consider that it is unconstitutional and that the ruling depends on their validity must raise a matter of unconstitutionality, but outside this assumption They will not be able to question their determinations. “
Popular accusations reaction
Given this, both the Andalusian PP and Clean hands, in their role of popular accusations, had asked this first section of the Seville Court to raise the matter to the Court of Justice of the European Union (TJUE). Demand “urge the sentences to be inappropriate of the Constitutional Court Interpretive of the Autonomous Legal Standards (Budget Law from 2002 to 2009) that, in their opinion (of the TC), lead to understand how lawful the behaviors of the accused when, according to the national ordinary courts, said norms did not exclude the criminal typification of said behaviors “; warning that such sentences “They generate impunity in the fight against corruption.”
These TC sentences, according to the PP, They declare “de facto irresponsible” to the former socialist leaders “and extend over them a privilege of inviolability and immunity”; causing “surely the file of part of separate pieces that are pending prosecution”.
In this context, the Seville Court exposes in its new providence that “at the juncture of dictating these new pronouncements” urged by the Constitutional, the court in charge of such a task cannot “neglect the possibility that the valuations made by the TC in those sentences, which lead to it to understand that this first section of the Provincial Court of Seville and the Second Chamber of the Supreme Court They have violated the right to criminal law of the recurring in amparo, They are not completely compatible With the right of union. “
Therefore, the Provincial Court has enabled a period of 10 days for the parties to the procedure “They can make allegations on the possible approach of a preliminary statement of interpretation before the Court of Justice of the European Union. “
The Constitutional “has been overrewn”
The First Section of the Hearing aims to “gather the opinion” of the parties on whether the Constitutional “It has been overreach in the control function that corresponds by invading areas reserved for the jurisdiction of the judges and courts when reviewing, through An 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 the Supreme. “
He also asks “if the constitutional interpretation of Andalusia’s budget laws from 2002 to 2009 It opposes regulations and jurisprudence Community, by leaving out of all control what has to do with the budget activity from the initial phase of preparation of budgets to the final phase of its execution. This could generate a Public Heritage Degetection Situation 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 assets of the public administration. “
The doctrine of the Constitutional Court
Similarly, it raises to the parties to pronounce on the “possibility that said doctrine” of the Constitutional “Failure to comply with international demands to fight political corruption, being incompatible with the provisions of the Treaty of Operation of the European Union on the fight against fraud and against the illegal activity that affects the financial interests of the Union and to prevent and combat corruption in general. “
Finally, the first section of the hearing asks the parties for the “possibility that ordinary courts Do not apply sentences of the Constitutional Court Interpretive of the Autonomous Legal Standards (Budget Laws from 2002 to 2009) that, in their opinion, lead to the behaviors of the accused as lawful when, according to the national ordinary courts, these norms do not exclude criminal typicity. “
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