The Hearing of Seville has elevated to the Court of Justice of the European Union to raise a preliminary ruling after winning the pulse held this spring with the Constitutional Court. The magistrates of the Court, in an unpublished movement, challenged for the first time the doctrine of the High Court of Spanish Guarantees and refused to apply their sentences, who reduced the sentences to the Andalusian presidents José Antonio Griñán and Manuel Chaves, by estimating their amparo resources. Now, the magistrates suspend the processing of the case and leave in the air the application of the constitutional sentences until the Court of Luxembourg clarifies their doubts.
The first court that condemned the former Andalusian presidents and other former high positions of the Board requires European justice to clarify how the constitutional sentences of European law and the jurisprudence of the EU Court of Justice are adapted. The judges say they seek to avoid “a systemic risk of future impunity in similar scenarios (…) and safeguard EU financial interests,” says the car broadcast on Tuesday.
The critical hearing that the Constitutional “violated” with its sentences the principle of national criminal legality by “imposing a restrictive interpretation of internal ordinary criminal law regarding crimes related to corruption.” This contradicts, at the discretion of the judges, the EU Court of Justice Judgment in the Euro Box Promotion case of 2021, which would generate “an obvious space of impunity in the persecution of corruption.”
And although in principle it seemed that the Constitutional would prevent him from raising the case to European justice, finally the guarantee body gave up the pulse. This Tuesday the magistrates throw the ball to the European magistrates, who will probably take years to pronounce on an investigation that emerged in 2011, 14 years ago.
