The new sentence of the political piece of ERE case what should dictate the Court of Seville at the request of the Constitutional Court It’s in the air.
The reason? The impossibility of it being dictated by the same members of the first section of the Seville court who tried and sentenced 19 former high-ranking officials of the Junta de Andalucía in November 2019, including the former presidents Manuel Chaves And José Antonio Griñán.
Among the three magistrates, the president, Juan Carlos Peña, is retired, and Encarnación Gómez Caselles, currently in the third section of the Alicante court, is on “voluntary leave” take care of a family member. The only one left in charge is Pilar Llorente.
Faced with this situation, the president of the Superior Court of Justice of Andalusia (TSJA), Lorenzo del Río, will submit a consultation to the General Council of the Judiciary (CGPJ). In an interview with Radio Canal SurLorenzo del Río clarified that “The general rule is that sentences are set by the same” magistrates involved in the initial procedure.
The exception would be those who have lost the status of judge, such as the president of the court, or those who become judges. leave legislation but hold political positionswhich is not the case for Judge Gómez Caselles.
The president of the TSJA recognizes that this situation represents “a major setback“. In any case, there would be two options: wait until this authorization situation has passed or a new hearing would have to be held.
In other words, a new trial in another court. A circumstance which, in his opinion, “would be a huge time problem”.
