Council of Ministers: The brand new system for choosing the administration of HEIs is constitutional – The rationale – 2024-05-15 17:20:49

The Council of State deemed constitutional the brand new system of choice of College administrations (AEI) by resolution of its Plenary.

Specifically, the Supreme Court docket of Cassation rejected, by a majority, the appliance for annulment of the related joint ministerial resolution which had been filed by the Panhellenic Federation of Educating and Analysis Employees Associations(POSDEP),

The Plenary Session of the Council of State dominated that the provisions of Regulation 4957/2022, concerning the participation and {qualifications} for the election of the exterior members of the Council of Administration and the electoral system for the nomination of its inner members (categorized vote), are in accordance with the Structure, as “. they transfer throughout the framework of the constitutional precept of full self-government of A.E.I. (article 16 par. 5) and don’t have an effect on the best of those establishments to determine on their instances with their very own our bodies”.

The rationale for the choice

Within the reasoning of the choice it’s said that “the Structure didn’t impose a selected mannequin of group of AEIs, however reserved for the frequent legislator very broad margins of authority to decide on the suitable organizational construction in accordance with the necessities of evolving science and know-how and in view of the present financial situations and social situations, considering that universities are authorized entities below public regulation primarily of an institutional and never a company nature”.

In keeping with the State advisers, “the regulation of article 8, establishing summary and goal standards for the eligibility {qualifications} of the exterior members of the S.D. every A.E.I., is interconnected to the character of the exterior members of the physique, i.e. members not coming from the establishment itself, and clearly serves the constitutionally official goal of selling the extroversion of A.E.I.’s”.

Lastly, the choice emphasizes that “the regulation doesn’t, in precept, violate the precept of proportionality, on condition that the energetic members of D.E.P. have the likelihood to submit nominations and be elected to the place of inner member within the S.D. of A.E.I. who serve, there isn’t a unjustified discrimination of friends and non-service lecturers in opposition to energetic lecturers, in violation of the precept of equality, neither is there a violation of the ideas of meritocracy and the free improvement of the persona. Nor, lastly, is the train of educational freedom enshrined in Article 16 of the Structure hindered, as a result of no provision of Regulation 4957/2022 signifies that the unfettered train of the tutorial work of professors is endangered.”

Supply: ert.gr