The ERE political piecewhich involves the former socialist presidents of the junta Manuel Chaves and José Antonio Griñán, will be sentenced to a new sentence. This was after the Constitutional Court (TC) overturned their convictions after admitting the protection they had requested.
This required a drafting of the sanctions (or not) for their alleged link to the case of fraudulent employment records in the sector Junta of Andalusia.
However, of the three judges of the Court of Seville who pronounced the conviction annulling the Constitutional Court, only one remains: Pilar Llorente. The other two are either retired (Juan Antonio Calle Peña) or in another destination (Encarnación Gómez Caselles).
Thus, the Superior Court of Justice of Andalusia had to appoint new magistrates to pronounce the new sentence which now includes the amparo judgment. of the Constitution.
And this Thursday the names of the judges were known. It will be Pilar Llorente and, with her, Encarnación Gómez Caselles, whom the CGPJ forces to return from her leave. There will be three other judges. These are the magistrates of First section Francisco de Asís Molina CrespoJuan Jesús García Vélez and Patricia Fernández Franco, with the presentation corresponding to Pilar Llorente.
This decision, explained the president of the TSJA, Lorenzo del Riomeets the need to have an odd number of judges, so that there can be no equality in sentencing.
Del Río also indicated that the appointment of the five judges would serve to “accelerate” writing the new sentence”. However, he did not venture to give a date or deadline for when it might be ready. “As soon as possible” is all he said.
CGPJ
This resolution comes after the Court of Seville sent a request, through the TSJA, to the Permanent Commission of General Council of the Judicial Power on how to proceed in this case.
“Taking into account the fact that the subject of the consultation is of a jurisdictional nature and that the Organic Law of the Judiciary (LOPJ) prohibits the CGPJ from giving instructions on the application and interpretation of the judicial system, the Permanent Commission of CGPJ responded to the TSJA informing that the obligation remains for the magistrate to be present to form a Chamber for delivery of the new sentence“, and this in accordance with article 194.2.3. of the Code of Civil Procedure”, declared the judicial body.
