The Supreme Court ruled against excluding a policy of scholarships, grants, and subsidies for students from private schools, a practice that was so frequent in some departments that it made it impossible for some students to get aid for food, books, and transportation. Or the Erasmus programme. In the ruling of the Supreme Court, which upholds the constitution and constitutional doctrine, it overturns an earlier decision of the Supreme Court of Justice of the Valencian Community, which agreed with the autonomous government of Valencia v. Catholic University of Valencia, San Vicente Martirewhich sued to end the exclusion of its students from the income-related stipend policies for undergraduate studies.
The Supreme Court ruling that I have seen Information And it has a date of January 21 –see sentenceAccepts and appreciates the appeal of the legal representatives of the private university against Request 22/2016June 10, from Education DepartmentResearch, Culture and Sports of the Generalitat Valenciana, which lays down “the organizational foundations for the awarding of income-related salary grants for undergraduate studies at public universities in the Valencian region”.
The Supreme Court overturns the decision of the TSJ of the Valencian Community and also removes the reference to “public” universities, thus leaving the field open so that everyone, regardless of the study center the students attend, can benefit from the fulfillment of expected expectations. Standards. On July 1, 2019, the Supreme Court of Valencia rejected a controversial administrative appeal filed by Catholic University of Valencia, San Vicente Martire –see sentence– Against the disputed rule of the Department of Education in Valencia and the Education Center, he was ordered to pay €3,000 costs, but a new appeal, in this cassation case, was not accepted in the Supreme Court until April 2021.
The university also claimed that the right to education and religious freedom had been violated, because students could not freely choose the center
The university, which was the spokesperson for its students, argued that the management code violated The right to equal treatment Everyone is before the law and based it on five points: the introduction of an unjustified difference, the unequal treatment of objectively identical circumstances, and the absence of a reason that justifies the discrimination objectively and reasonably, and therefore administrative procedures distinguish rights where the law does not suffice. It does not, but it equals public and private universities, and the administration did not even try to motivate its decision.
As for the educational center, in addition, the fundamental right to education and religious freedom has been violated, on the grounds that students are forbidden to freely choose the university in which they wish to study and cannot choose certain centers if they want to receive a scholarship and Even if they meet all the conditionsForced, either not to study, or to study at a public university. In the same way, he stressed that the autonomy rule is inconsistent with the Education and Cultural Affairs Agreement that you signed Spanish state with the Holy See on January 3, 1979community and national law on competition and market unity, and basic state regulations on scholarships, among others.
The Supreme Court justified its decision that the character of Catholicism had nothing to do with the aforementioned refusal, “for which reason it is invoked in absolute form lacks any debatable basis even.” As for the education rightsThe Chamber considered that the approach lacks effective legitimacy “due to the fact of the active interference of the student body in the functioning of the university, and the conclusion of representing the rights of that person that he does not own or possess.”
“You cannot act on behalf of the church to defend your rights because the Catholic nature of the center does not give you representation,” says the TSJCV
It indicated that it could not properly act on behalf of the Catholic Church in defending its fundamental rights, because the Catholic nature of the Center does not give its directors a representative capacity for such an institution. the amount the right to equality, which is invoked as the representative of the students and also in the case of a center, the Chamber acknowledged as the key to the matter, because it is a fundamental right “and in this case, yes, the plaintiff is the owner thereof.” The court rejected the inequality on the basis of the Chamber’s other rulings.
Meanwhile, the Supreme Council, in its entirety, is appealing the doctrine of the Constitutional Court, warning that the TSJ Chamber of the Valencian Community relies in its refusal on the ruling, which came in the right of constitutional protection (amparo) before the Constitutional Court –see resolution– which declared a violation of the fundamental right to equality –Article 14 EC– With regard to their fundamental right to establish educational centers –Article 27 (6) of the European Union-. “That’s right, we refer to the judgment of the Constitutional Court’s 191/2020 plenary session, dated December 17, 2020, issued in Judicial Protection Appeal 5099-2018, and also submitted by the Catholic University of Valencia San Vicente Martire, in relation to the aforementioned judgment of the same Trial Chamber, On May 31, 2017″.
Even the resources of the Catholic University were paralyzed due to the precautionary measures helping one hundred thousand Valencian students
The Supreme Court concludes that the university appellant suffers from the consequences of this unequal treatment Violates Article 14 of the Spanish Constitutionbecause its students and their teachings are excluded from the scholarship and scholarship system stipulated in Order 21/2016, “which leads us to appreciate the appeal of protection and the consequent repeal of Article 2 of the appealed order, although only in what affects the exclusion of private universities of it, which is the most comprehensible It violates the rights of the appellant As required by the lawsuit.
As I mentioned before Valencia Square Newspaper Already in July 2017, the Catholic University was ready to go to all cases to avoid excluding its students from university scholarships. In a statement dated that date, UCV asserted that it would never accept severance of rights for its students and that it would ensure that its students had the same rights as the rest of the universities, and that scholarships were awarded with the same objective criteria that governed the rest of the universities.
The battle began, the newspaper says, when the council announced that it would remove students from private centers from university scholarships, a situation that later intensified after they were excluded from health practices in public hospitals, according to that newspaper. Even UCV’s resources were paralyzed, due to the precautionary measures, helping 100,000 Valencian students, although the TSJCV later lifted the said precaution.