TSJA has not yet admitted his appeal against Daniel Rivera’s defense fee imposition, remaining proceedings ‘similar’
Seville, September 25 (European News Agency) –
The Ministry of Employment, Commerce and Self-Employment has authorized the Legal Office of the Commission to withdraw the appeal against the decision rendered by the Administrative Litigation Chamber of the Superior Court of Justice of Andalusia (TSJA), involving several judicial proceedings in which various former senior officials of the Employment Ministry were entitled to claim The Government of Andalusia pays its defense costs in proceedings related to fraudulent Employment Regulation Documents (EREs) funded by the Commission.
In one of the cases, this extreme right of the family of the former Director of Labor and Social Security, Francisco Javier Guerrero, was decided in the main part of the macro case on “concrete procedures” or financing mechanisms Convicted, recognized as a member of the ERE, and died of pneumonia in October 2020, these relatives of Guerrero were represented by attorney Rafael Ramirez-Garcia Del Junco.
According to the text of the ministry’s order, presented by the Journal de Seville, the above-mentioned judicial proceedings arise from the “administrative appeal of a lawsuit by a former senior official of the Ministry of Employment seeking recognition of the payment of representation fees and the right to defend” in relation to the macroeconomics of the fraudulent ERE financed by the military junta in Andalusia. Attorneys and trustees in judicial proceedings related to the reasons, except in the case of one of the proceedings corresponding to the judicial case of the relationship between the General Directorate of Employment of the Department of Labor and the employment of the company Umax Informatica y Consultoría.
Appeal to set aside the original verdict
The order states that in these six judicial proceedings, “in response to the ruling granting the request” for the recognition of the commission’s right to pay attorneys and attorneys’ representation fees and defense costs, the Junta Legal Office and the Andalusian Commission prepared a corresponding appeal, In some cases of a regional nature, in others of a regional and state nature.
But this matter, according to this order filed by the Journal of Seville, has an impact on the fact that on May 16 the TSJA Granada headquarters issued an appeal for the autonomous annulment promoted in one of the judicial proceedings. Order, declare not to – obey. Allow processing of a regional cassation appeal against a decision recognizing the right of former Labor Party director-general Daniel Alberto Rivera to have the commission pay the costs of his judicial defence, “because there was an objective basis for cassation” Interests in forming jurisprudence are not taken seriously.”
even the coast
According to the order, while not accepting the Commission’s processing of the appeal, the TSJA also requires the autonomous government to pay €1,000 in procedural costs, arguing that “it is likely that in other circumstances the Court of Granada would have ruled in the same way that the appeal was not possible” proceedings and may impose procedural fees upon the Commission”.
To this end, the document states, “This Legal Office, in its other writings in the preparation of regional cassation, has followed arguments similar to those raised in the regional cassation appeal, which has become inadmissible and in view of the possible expropriation together with each subsequent “Inadmissible procedural costs”, it was necessary to request “the withdrawal of the authorization for the appeal already mentioned to set aside the original sentence, an extreme case that was ultimately approved by the Counsel of the Department, Rocío Blanco, in order to withdraw the above-mentioned appeal .