The Constitutional Court (TC) has withdrawn from the agenda of its subsequent plenary session, which is scheduled to start on May 22, the deliberation on the admission for processing of the appeals introduced by the previous Andalusian presidents José Antonio Griñán and Manuel Chaves, amongst others, towards the sentences obtained for the ‘ERE case’, which suggests suspending this debate till after the municipal and regional elections on May 28.
Legal sources have confirmed to Europa Press that, though the examine on the admission for processing of the appeals of Griñán, Chaves and the previous Andalusian councilors Magdalena Álvarez and Antonio Fernández García was on the agenda of the Second Chamber of the TC, lastly this level has been eliminated.
The aforementioned sources clarify that this matter was initially included as an inside proposal, previous to the approval of the ultimate agenda, from which they’ve been eliminated in order to not tackle a controversial problem in the course of the electoral marketing campaign for 28M.
The courtroom of ensures is normally ruled by the unwritten rule of avoiding ruling on political issues within the context of electoral contests. However, it must be remembered that admission for processing doesn’t indicate a press release on the deserves of the matter.
This step implies that the admissibility for processing of the appeals towards the ruling of the ERE won’t be studied till after the appointment with the polls. The Justice of the Peace accountable for these displays is the vp of the TC, Inmaculada Montalbán, in whose palms the primary problem fell, the one introduced by Álvarez.
In favor of admitting for processing
According to the Organic Law of the Constitutional Court (LOTC), the proposal for admission or not of the appeals for amparo is the duty of the sections, until there isn’t a unanimity. In this case, the sources state that Montalbán’s place was to confess, however he didn’t have the total assist of the Third Section -made up of additionally a progressive Justice of the Peace Laura Díez and her conservative companion César Tolosa-, therefore the matter has been elevated to Chamber.
Griñán’s protection already introduced final July that it will request the TC to guard him towards the ruling of the Seville Court, and the next refusals of the Supreme Court to revoke it, which sentenced him to six years and sooner or later in jail for crimes of prevarication and embezzlement. His protection formalized an attraction final April.
Meanwhile, the Court of Seville has requested a brand new forensic report to find out if the pharmacological and rehabilitation therapy that Griñán has left for the prostate most cancers he suffers from “is suitable with going to jail.” Last January, the judicial headquarters suspended the imprisonment of the previous Andalusian president in order that he might full his radiotherapy therapy, which -according to new documentation supplied by the defense- has already concluded.
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