The Prosecution Opposes Elevating the 'ERE Case' to the EU Court of Justice

Anti-corruption prosecutors in the 'ERE case' have issued a report advising the Provincial Court of Seville against approaching the European Union Court of Justice (CJEU) to challenge the Constitutional Court's rulings that annulled more than a dozen convictions, including those of former Andalusian presidents Manuel Chaves and José Antonio Griñan.

The report identifies "legal reasons that advise against" the Seville Court raising a preliminary question before the CJEU to disregard the Constitutional Court's rulings in the 'ERE case'.

Specifically, they argue that "the factual circumstances under examination do not fall within the scope of Article 325 of the Treaty on the Functioning of the European Union" because the judged actions "did not affect the financial interests of the European Union".

Simultaneously, the prosecutors support the Constitutional Court's decisions by stating that it "has not opted for an alternative interpretation" of the offences of prevarication and embezzlement.

With this report, the prosecutors respond to the order from March 18, where the First Section of the Court sought opinions from the parties, considering it necessary to question the CJEU because the Constitutional Court had "overstepped" by making an "alternative interpretation" of these offences.