The First Section of the Provincial Court of Seville, in charge of the new sentences as a result of the decision of the Constitutional Court (TC) to cancel their sentences to a dozen accused by the case of the fraudulent ERE, has issued a new providence in which it marks three days of April and May to deliberate whether or not to raise or not a PREJUDICIOUS QUESTION ON THE MATTER BEFORE THE COURT OF JUSTICE OF THE EUROPEAN UNION (Tjue).
Thus it appears in this new providence issued by the First Section of the Hearing, which recently enabled a period of ten days for the parties of the judicial procedure to inform about whether in this case the Constitutional “It has exceeded“With an” alternative interpretation of prevarication and embezzlement “in their annulment sentences of convictions, if the doctrine introduced by court for the new sentences” breaches the international demands for the fight against corruption “and for the possibility of not applying such annulment sentences of the convictions.
Specifically, the Court sets on April 24 and 29 and May 13 To celebrate this “deliberation”, according to this new providence released by the Communication Office of the Superior Court of Justice of Andalusia (TSJA).
Broadly speaking, the TC has declared that the First Section of the Seville Court, in its initial conviction, and the Supreme Court, by dismissing the appeals of the aforementioned accused, there would be “incurred in an extravagant and unpredictable interpretation of the typical elements of ‘resolution’ and ‘administrative matter’ that violates the fundamental right to criminal law that guarantees article 25 of the Spanish Constitution. “
And, according to the TC, “it cannot be considered that the participation in the approval of the 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 them “, and” only when they consider that it is unconstitutional and that the ruling depends on their validity must raise a matter of unconstitutionality. “
It should be noted that, although the president of the Constitutional Court, Cándido Conde-Pumpidohe commissioned a report to the lawyers of the Court of Guarantees to study whether or not a priori They must execute.
Count-Pumps verbalized in a recent informative breakfast that the TC would not prevent any questions from the TJUE, although he defended that “he has the obligation to reflect” on a “novel matter”, since, he explained, he explained, he explained, The prejudicial issues had always been raised before there was a sentence And in this case there is not only, but it is one of the constitutional.
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