Koen Lenaerts, the President of the Court of Justice of the European Union (CJEU), recently dismissed the notion that Spain's Constitutional Court could obstruct a Spanish judge from referring a question of law to the European court.

His remarks highlight a significant aspect of EU law and judicial cooperation among member states, especially regarding ongoing high-profile cases in Spain, such as the ERE corruption case in Andalusia.

Lenaerts delivered a lecture at the Constitutional Court's headquarters in Madrid on May 6, 2022, asserting that "the binding force of Constitutional Court judgments cannot extend to the point of preventing a national judge from examining, either independently or in cooperation with the Court of Justice, the compatibility of national legislation with EU law." He emphasized that the CJEU recognizes that constitutional jurisprudence cannot limit a national judge's capacity to assess legislation's conformity with EU law.

His visit marked the first time a CJEU president appeared before Spain's Constitutional Court, emphasizing the importance of dialogue between national and European judicial systems.

The event gathered many notable figures, including judges from the Constitutional Court, former justices, the then president of the Supreme Court and General Council of the Judiciary, Carlos Lesmes, and various members from the government and the European Union.

Lenaerts's comments have gained renewed significance following Spanish Constitutional Court President Cándido Conde-Pumpido's suggestion to block the Provincial Court of Seville from referring the ERE case to the CJEU for a preliminary ruling.

The CJEU had ruled on various occasions since 2008, granting European judges broad authority to submit preliminary questions when examining the relevance and necessity of such referrals.

Conde-Pumpido explored the application of Article 92 of the Organic Law of the Constitutional Court (LOTC) as a means to prevent the Provincial Court of Seville from pursuing a preliminary question that could potentially alter previous court decisions that annulled convictions for maladministration against former socialist government officials involved in distributing 679 million euros in unlawful public subsidies in Andalusia.

Article 92 of the LOTC allows the Constitutional Court to declare the nullity of resolutions that conflict with its rulings, a provision reformed in 2015 in response to challenges posed by the Catalan independence movement.

The dialogue regarding the relationship between national laws and EU law continues to be contentious, particularly when constitutional courts assert their authority in ways that may contradict European legal standards.

The discussion also reflects issues surrounding the rule of law and judicial independence across EU member states.

In related developments, the European Commission is focusing on ensuring housing affordability across Europe amid increasing concerns about access to housing.

A recent proposal to reorient cohesion funds aims to double the budget allocated to affordable housing programs by 2027, reflecting the pressing societal challenges many EU citizens face.

The Secretary of State for Democratic Memory in Spain announced the government's plans to establish a Truth Commission to investigate human rights violations during the Spanish Civil War and Franco's dictatorship.

This initiative aims to conclude by 2027, with efforts to address the excavation of common graves and the recovery of missing bodies from that era.

Overall, these developments reflect ongoing legal, social, and political evolutions in Spain and the wider European context, revealing the intricate interplay between national systems and EU frameworks that govern law and justice.