The Superior Court of Justice of Madrid (TSJM) has lifted the paralysis of the decree of evaluation, promotion and qualification of ESO, Baccalaureate and Professional Training of the Community of Madrid that it ordered as a precautionary measure after an appeal presented by BCC.
According to the union, the decree promulgated by the Government of Isabel Diaz Ayuso invaded “state powers” and requested the court as a precautionary measure its paralysis, something that was carried out on May 24 in response to alleged “special urgency” circumstances.
However, now the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid has issued an order, to which OKDIARIO has had access, in which it slaps the union and accuses it of incurring in “procedural bad faith” .
“It happens, however, that, when requesting the unprecedented precautionary measure, the appellant Union omitted to make any mention of the fact that the same provisions and subsections that he appealed, and whose suspension he urged, already were being applied in the centers and by the teaching teams in the Community of Madrid from the November of last yearwhen the Resolution of November 23, 2021, of the Vice-Ministry of Educational Policy was approved, by which Instructions were issued on evaluation, promotion and certification in ESO, Baccalaureate and Vocational Training, as well as in the teaching of adults who lead to obtaining the titles of Graduated in ESO and Bachiller », reads the order.
«The absolute omission of such a mention, together with the expression, on the contrary, of circumstances of special urgency due to the proximity of the final evaluations, take on special relevance in this case since, in addition, the aforementioned Resolution of the Vice-Ministry had been object of an appeal -without a request for suspension regarding the same precepts and subsections that it is now discussing- by the plaintiff Union itself before this same Chamber in PO 2239/2021. Such omission can be considered procedural bad faith. since, knowing as the plaintiff Union knew that the contested provisions were not new neither for the centers nor for the teaching teams of the Community of Madrid, it did not mention anything in this regard to illustrate this Chamber so that the circumstances could be duly weighed of urgency adduced and the concurrent interests”, it adds.
“In any case, the fact that the provisions were known in the educational centers and applicable since November 2021, without having been subject to suspension in the jurisdictional venue, should lead to inverting the terms of our reasoning and, therefore, it is already advance to lift the precautionary measure of suspension agreed in a very provisional way», adds.
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