The Constitutional will discuss whether the Seville audience issues the ERE sentences in Europe | Spain
The Constitutional Court has planned to address in its next plenary, convened for April 8, the debate on the possibility that ordinary courts may question or not the sentences issued by the Guarantees Body itself. The first intention of the progressive majority was to consider the cancellation of The providence issued by the Seville Audience in which he consults the parts of the case of the ERE of Andalusia on the presentation of a preliminary ruling before the Court of Justice of the European Union (TJUE). However, once said providence and the pros and cons of the case, the possibility of not acting in the face of the Decision of the Sevillian audience, and leaving their magistrates free to go before the European Justice, given the conviction that the initiative has very few possibilities of prospering.
In his plenary next Tuesday, the Constitutional It will deal with the initiatives of the Superior Court of Justice of Madrid (TSJM), related to the cancellation of an award, and the Seville Court, which has initiated the procedures to bring before the Court of Justice of the European Union (TJUE) the failures for which the constitutional annulled or in practice deactivated the sentences imposed by the Supreme Court in relation to the fraud of the ERE of the ERE of Andalusia. The first of these initiatives, which has already been formalized before the European justice, facilitated that the Guarantee Body consider urgently to address the “legal debate” on the preeminence of its decisions, to consider whether in the case of the Hearing of Seville it would be possible that the intervention of the Court of Luxembourg would be prevented from root, before a prejudicial issue occurs. This is the crucial point of the order of the next plenary session.
The solution that has made its way is to let the Seville audience act according to its criteria, although there was another concern derived from this controversy in the Constitutional, in this case in relation to what can happen within a few months Yes, as is likely, the guarantees organ supports the amnesty law. At that time, when the Supreme Court had to apply the constitutional judgment, it is also likely that the court that imposed the convictions for the crime of embezzlement to the main independence leaders, it is proposed to go before the European justice. Sources of the Guarantees Body itself admit that if this hypothetical situation comes to consider, which the constitutional decides will now condition the future in the medium term of the amnesty law and, therefore, the effectiveness of the forgiveness of the criminal figure of embezzlement to those convicted by the Supreme Criminal Chamber.
Since the Hearing of Seville raised the conflict with the Constitutional on the fulfillment of all the extremes of the sentences on the case of the ERE The internal debate in the guarantees organ has been continuous, although until the next plenary session all the letters and arguments on the table will not be put. One of the main objections of the magistrates who most clearly demonstrated against the initiative of said Provincial Court from the beginning refers to the eventual consultation or preliminary ruling to the Luxembourg Court on the possible affectation of European law has now arisen, when it is in the execution phase of a ruling issued by the Constitutional Condemnatory in Seville. These magistrates estimate, in short, that a prejudicial issue should not be admitted when what is responsible for the Sevillian audience is to comply with the provisions of the constitutional failures.
