The Plenum of the Constitutional Court (TC) has partially annulled the conviction for prevarication of former minister Magdalena Álvarez in the case of the EROs in Andalusia.
Decision of the Constitutional Court
The Constitutional Court has partially annulled the conviction for prevarication of ex-minister Magdalena Álvarez in the case of the EROs in Andalusia. This decision has been taken with the votes of the progressive majority of the court, prevailing over the votes of the conservative wing. With this decision, the nine years of disqualification imposed by the Seville Court are annulled and this part of the resolution is forced to be repeated.
Case context
Magdalena Álvarez, ex-minister and ex-counselor of Economy in Andalusia, was convicted of fraud in the ERO case. This case has generated controversy and has been the subject of appeals and review by the Constitutional Court. In this specific case, the report on the appeal has been assigned to the vice-president of the court, Inmaculada Montalbán, who proposed to consider Álvarez’s appeal.
Interpretation of the crime of prevarication
The Prosecutor’s Office and the report of the Constitutional Court have argued that the High Court of Seville and the Supreme Court made an excessive interpretation of the crime of prevarication in this case. According to the Prosecutor’s Office, the crime of prevarication should only affect the preparation and approval of Andalusia’s draft budget law and its submission to the regional Parliament.
Repercussions and reactions
This decision of the Constitutional Court has important political and legal repercussions. Political parties and actors involved in the case have reacted differently. The spokesperson of the PSOE in the Senate and leader of the Andalusian Socialists, Juanma Moreno, has accused the Andalusian Government of Juanma Moreno of trying to influence the magistrates of the Constitutional Court on the ERO ruling.
