Another step in the process we began more than 10 years ago with our complaint. Following the preliminary question raised by the PP of Andalusia last October, the Provincial Court of Seville has given a new and important boost to the procedure of the ERE case, the largest corruption case in the history of Spain. The First Section of the Seville Court has issued a ruling in which it is proposed to refer to the Court of Justice of the European Union (ECJ) reviewing the Constitutional Court's (CC) rulings on the convictions for crimes of prevarication and embezzlement of those primarily responsible for this scandal, including former Andalusian Prime Ministers Manuel Chaves and José Antonio Griñán.
We trust in justice and will go to the end to defend the interests of Andalusia. From the beginning, more than a decade ago, we were committed to acting as a private prosecutor in the ERE case to protect the money of the Andalusian people and ensure justice was done.
The Seville Court opens the way to Europe in the ERE case
In the notified ruling, the Seville Court of Appeals grants the parties a period of ten days to respond before submitting a preliminary ruling to the CJEU. The objective is to determine whether the Constitutional Court's decisions, which reduce the sentences of those convicted, comply with European Union law.
The Andalusian People's Party (PP), as a private prosecutor, had already requested this European option; the judges now argue, as their own argument, that the Constitutional Court's rulings could be incompatible with EU law. A firm step to ensure that the 680 million euros stolen from Andalusians do not go unpunished.
A possible violation of EU law in the case
The judges of the First Section of the Seville Court consider that the resolutions of the TC invade the exclusive powers of ordinary courts, reinterpreting the crimes of prevarication and embezzlement committed in the fraud of the ERE. According to providence, "This Court cannot ignore the possibility that the assessments made by the Constitutional Court (...) are not entirely compatible with European Union law.".
In its rulings, the Constitutional Court established a doctrine that partially exonerated those primarily responsible for the corruption case. The Seville Court now questions whether this doctrine is compatible with the European Union's principles of transparency and legality.
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Four reasons for raising the preliminary question on the ERE case
The judges present four key points, the same ones presented by the PP of Andalusia, which justify the need for the CJEU to intervene in the ERE case:
- Overreach of the Constitutional Court: The Seville Court believes that the Constitutional Court has invaded the functions of ordinary courts, reviewing evidentiary assessments and the interpretation of crimes that should be the exclusive responsibility of the Court and the Supreme Court.
- Lack of protection of public assets: It is reported that the Constitutional Court's interpretation of Andalusia's budget laws between 2002 and 2009 leaves the use of public funds uncontrolled, creating a risk to the common heritage of all Andalusians.
- Failure to comply with European anti-corruption rules: The Seville Court questions whether the Constitutional Court's doctrine meets the requirements of the Treaty on the Functioning of the EU regarding the fight against corruption and fraud affecting European financial interests.
- The inapplicability of Constitutional Court rulings if they violate EU law: The judges are considering not applying the Constitutional Court's doctrine if it contradicts EU regulations.
These four questions form the core of the preliminary ruling that could lead the CJEU to rule on the biggest corruption scandal in Spanish democracy, the ERE case.
A decade defending justice and the interests of Andalusians
Since we uncovered the case, we have worked hard To defend the interests of Andalusia. We have acted from the outset as a public prosecutor in this case because we understand that the people of Andalusia deserve to know the truth about the fate of the 680 million euros that were distributed without oversight or transparency. The massive plundering of public funds during the socialist governments of Manuel Chaves and José Antonio Griñán demands a forceful response from the justice system.
The fight against corruption in Andalusia continues.
We trust in justice and will go to the end to defend the interests of Andalusia. This new step towards Europe in the ERE case It reinforces our commitment to transparency, democratic regeneration, and good governance. We will not allow corruption to go unpunished or the basic principles of the rule of law to be undermined.
With this decision, the Seville Court opens the door to a European review that could restore citizens' confidence in justice and the protection of public funds. Andalusia deserves justice for the biggest corruption scandal in Spain, the ERE case, and we will continue to lead this defense with the firmness that the public demands.
