The audience tomba the attempt of the Andalusian Board to appeal in the ‘case ERE’ | Spain
The Seville Audience has rejected the request of the Junta de Andalucía (PP) to appeal as an accusation in the political piece of the ERE caseaction claimed by the Executive three weeks ago. The judges argue that the regional government already gave up the criminal action in this same case in 2016 and now there is no legal flying, devised by the Board to support that the case rises to the Court of Justice of the European Union after annulling and lowering the constitutional the condemnations of the Supreme Court.
The magistrates dispatch with a single paragraph the argument to knock down the request of the Board: “given by presented the previous written by the representation of the Junta de Andalucía, there is no place for what is requested in it, since it is not part in the present case, having requested, before the celebration of the trial, the dismissal of the actions and the express reserve of civil actions”, says the providence Know this Monday.
In 2016 the Board, with Susana Díaz as President (PSOE), asked for the process file With the reservation of civil actions, and this prevents judges from accepting the radical change of opinion of the administration, which has now tried to appeal as an accusation. The Andalusian president, Juan Manuel Moreno, alleged at the beginning of May that the Board would try to appeal in the political piece to “recover the 700 million” destined to pay the policies of the workers pre -retired in the Andalusian companies in crisis. For this objective, the regional government considers that it is necessary to raise the cause to European justice, because it considers that the sentences of the constitutional that annulled the convictions to certain former high positions were not fair.
The Minister of the Andalusian Presidency, Antonio Sanz, charged against the High Court of Spanish Guarantees because they consider that he was exceeded in their sentences by invading the powers of the Supreme more possible amount of the disappointed money of the ERE ”.
Sanz added that the option of The case of the ERE I arrive in Luxembourg is a necessary condition to recover the money: « We must be heard by the Court of Justice of the European Union (…). The Board has a very clear, very clear interest to return to the cause and be able to recover the money of all the fraud Andalusians. »
Until now, of the total defrauded according to the Supreme, which amounts to almost 680 million, the Board has recovered 28 million and has requested the return of 287 million in civil liability through different separate pieces – adjusting to the political piece, for aid to concrete companies.
Apart from the Board, the Andalusian PP is present as an accusation in the political branch and in fact it was the one that promoted the elevation of the case to European justice after the sentences of the constitutional of last summer. Now the magistrates are deliberating to make a final decision after the allegations presented by the parties, although the judges already positioned themselves in favor of the European justice examining the case by jumping the constitutional criteria.
