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The Provincial Court of Seville has ordered the reopening of the Avales case, a macrocause derived from the EREs with epicenter in the Agency IDEA of the Board, the ERE paying box, which the judge María Núñez Bolaños had filed in May of last year. The magistrates of the First Section agree with the Anticorruption Prosecutor's Office and the PP's private prosecution and order that the procedures they had requested be carried out, specifically that a report by the Central Operational Unit (UCO) of the Civil Guard and an expert of the General Intervention of the State Administration (IGAE).

The 'Endorsement case' was opened by Judge Mercedes Alaya in 2014 when she observed how some of the companies receiving aid from the ERE's 'reptile fund' were also beneficiaries of a Board endorsement system designed, apparently, with few guarantees and doubtful viability. There were, and there are, 18 companies in the crosshairs and four former high social charges accused, among them former Minister of Innovation Martín Soler.

But, beyond the reopening and ordering additional tests, the order issued by the Seville Court calls into question , again, the work of the head of the Court of Instruction 6 of Seville, who since replacing judge Mercedes Alaya It has chopped up, paralyzed or dismantled a good part of the macro-causes of corruption that its predecessor opened.

In the specific case of IDEA Agency endorsements, the First Section resolution shows that the file dictated by Núñez Bolaños a little over a year ago was forced and unjustified and that the investigation it had carried out to determine whether From the governments of the PSOE in the Board, aid had been given irregularly to companies, much less had it reached the bottom.

In fact, as the Hearing emphasizes in the car that has been known this Monday but that is dated Friday, the expert reports that the magistrate wielded did not even enter to analyze all the alleged irregularities committed in the management of these guarantees from the IDEA Agency . The reports, now concluding in Section One, were neither complete nor conclusive .

The main one of these reports and the most important support of the file dictated by Núñez Bolaños is the one that the General Intervention of the Junta de Andalucía elaborated and of this document the car says, literally, that "it is not conclusive, not only because the analysis of The alleged irregularities of the aid requested under the Order of November 5, 2008 does not extend to the life of the guarantee itself, to the suitability of the guarantees provided and to the verification, control and monitoring operations of the aid, but because In any case, the documentation in the files analyzed is insufficient to know such important points as whether or not the guarantee was finally granted, the specific reason for the concession, the financial situation of the company at the time of the concession, the perception by the company of other types of aid during the previous ten years, etc. "

And to this must be added, adds the Audience, the "limitations" of the expert, the former general auditor of the Board, which derive from her professional qualification, focused on public financial control and which she herself admitted in her report .

Although there are more doubts about the expert that question the decision of Núñez Bolaños. In the opinion of the First Section, in its report there are even "information deficits in the files analyzed" that prevent a rigorous knowledge of the situation of the companies that benefited from the allegedly irregular aid and the motivation for it.

With respect to several of the files analyzed, the technical reports provided are limited to reproducing data provided by the companies themselves, without any type of assessment, and, above all, some of them are wrong and in others the date and signature are not stated.

Based on all of the above, the Court orders "as soon as possible" that new reports be commissioned from the IGAE and the UCO, since the work carried out by Núñez Bolaños - who has been on leave for months - "does not allow the investigation is concluded. "

"Vanished" clues

In her filing order , the head of Investigating Court 6 maintained that "the indications of the commission of criminal acts that led to the initiation of these previous proceedings have vanished one by one as a result of the proceedings carried out within of the investigation ", a statement that the Hearing has dismantled and that the Anticorruption Prosecutor's Office contested in the appeal that has allowed the reopening of the case.

The Public Ministry alleged that the result of the expert report practiced and the content of the reports provided by IDEA personnel "do not justify" the dismissal agreed, since the judge "has not taken into account other measures that are in the proceedings and the that there are indications that the facts could be constitutive of the aforementioned crimes ", in addition to the fact that the scope of the expert witness practiced is" narrower than the object of these proceedings ".

"What is being investigated, according to the sense of the different cars that have been issued in the case, is the use of the formal umbrella of guarantees as a means to inject public funds in a continuous and allegedly illegal way in favor of certain companies", The Anticorruption Prosecutor's Office stressed in his appeal.

The Case of Training

The performance of María Núñez Bolaños in the 'case of endorsements' is not new and is very reminiscent of the decisions she made in another of the macro-corruption causes that she inherited from Mercedes Alaya, that of the training courses .

In July 2008, the Seville Court also ordered that the main piece of the macro-cause of the fraud of the training courses be reopened, in which 24 former high officials of the Andalusian Government of the Andalusian PSOE and that the judge Bolaños filed three years earlier.

As has happened now with the guarantees of IDEA, the Court considered that the investigation had not gone to the end and ordered the practice of new proceedings before approaching its file or not. The cause, in fact, is still open today .

Denounced and exonerated

It must be remembered that the Anticorruption Prosecutor's Office denounced Judge Núñez Bolaños before the General Council of the Judiciary for the obstacles and paralyzes that she attributed to him in the causes of corruption that he was instructing. Even the Public Ministry spoke of "hindrances" to the investigations by the magistrate.

However, after being subjected to an inspection, the governing body of the judges not only saw no responsibility for Núñez Bolaños, but also blamed the stoppage of some of the issues on the Prosecutor's Office itself.

In its conclusions, the report expressly stated that some of the pieces instructed by Núñez Bolaños had detected "stoppages or delays in the response" of the court, in addition to "failures in the acts of communication."

But, he said next, taking into account the workload of the judicial body and the number of procedures processed at the same time, these delays "are not due to inaction, lack of procedural activity or general drive in the work of the judicial office or of the investigating magistrate ".

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