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The Constitutional Court admits to process the appeals of those convicted by the ERE of Andalusia

2023-06-05T17:41:00.642Z

Highlights: The body of guarantees refuses to suspend the entry into prison of former President Griñán, but will open a piece to study his request. The decision was adopted by the Second Chamber, by four votes to two. The court has preferred to hear the participants in the case – the interested party, the Prosecutor's Office and the State Attorney – instead of acting directly, as it does not appreciate reasons of urgency given that Griñan is still free under medical treatment. The admission to procedure implies that the existence or not of violation of fundamental rights will be resolved by judgment.


The body of guarantees refuses to suspend the entry into prison of former President Griñán, but will open a piece to study his request


The Constitutional Court has admitted to processing the 12 appeals of the condemned in the sentence of the ERE of Andalusia, and it will be the plenary of the court who decides whether or not there was a violation of fundamental rights in the trial, according to sources of the body of guarantees. The decision was adopted by the Second Chamber, by four votes to two. The Constitutional has refused to suspend already – in a very precautionary way, that is, without first listening to the parties – the entry into prison of the former president of the Junta de Andalucía José Antonio Griñán, but will open a piece to study that request of the former socialist president.

The admission to procedure implies that the existence or not of violation of fundamental rights in the case of the ERE will be resolved by judgment. The Second Chamber of the Constitutional Court has applied a gradation to its resolutions. In the first place, it has decided to admit the 12 appeals filed by the convicts, considering that they have constitutional significance. Secondly, he has decided to reject a first request from former President Griñán to suspend his entry into prison as a precautionary measure. And, thirdly, it has agreed to open a separate piece to study that suspension of imprisonment, but not as a precautionary measure but as a precautionary measure. The difference is that the first is resolved by the court without hearing the parties, for reasons of extreme urgency, and in the second case a turn is opened for the participants in the process to rule on the justification or not of the requested measure. Griñán is receiving medical treatment for the cancer he suffers.

The votes in favor of the admission of the appeal have come from the magistrates of the progressive sector: Inmaculada Montalbán, Ramón Sáez, Laura Díez and María Luisa Balaguer; and the opponents, from the conservative bloc: Enrique Arnaldo and César Tolosa. As there were votes against, the resolution will be agreed by means of an order, accompanied by the dispositive individual votes.

The decision on the precautionary measure requested by Griñán will not be taken soon, because the instruction of the separate piece, with consultation with the parties, takes some time. The court has preferred to hear the participants in the case – the interested party, the Prosecutor's Office and the State Attorney – instead of acting directly, as it does not appreciate reasons of urgency given that Griñán is still free under medical treatment. The decision on Griñán's entry into prison is in the hands of the Audiencia de Sevilla, the court that issued the conviction.

Source: elparis

All news articles on 2023-06-05

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