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Sevilla Court to Deliberate EU Challenge to Constitutional Court's ERE Rulings

Judges to assess whether Spain's Constitutional Court exceeded its authority in partially annulling convictions in a €680 million corruption case.

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El actual presidente del Tribunal Constitucional, Cándido Conde-Pumpido, charlando con Chaves en un acto en 2011

Overview

  • The Sección Primera of the Audiencia Provincial de Sevilla has scheduled three deliberation sessions on April 24, April 29, and May 13, 2025, to decide on referring a preliminary question to the EU Court of Justice.
  • The court seeks to determine if the Constitutional Court overstepped by partially annulling convictions of former Andalusian leaders Manuel Chaves and José Antonio Griñán in the ERE corruption case.
  • The Public Prosecutor’s Office and defense teams oppose the referral, while the PP andaluz supports the move, highlighting divisions over judicial independence and EU law supremacy.
  • Judges argue that the Constitutional Court's rulings may conflict with EU anti-corruption directives, which they assert take precedence over domestic rulings.
  • This legal standoff stems from the Constitutional Court’s controversial intervention, which reduced penalties for misappropriating €680 million in regional employment funds between 2000 and 2009.