Balearic court win sinks private university rules
A Balearic Islands court win leaves tougher rules for private universities in Spain with no legal force — and other challenges with nothing left to contest. The Spanish Supreme Court says the decree was already struck down after the Balearic Islands challenged it. In Madrid on 14 October, the court says it will not rule on the substance of further cases brought by Madrid, Aragón, Extremadura and several universities.
Why the decree fell
Spain’s government had used an urgent procedure to introduce the rules, which tightened the conditions for creating and approving universities. The court found that the government had not properly justified the rush. That also left it without the legal grounds to skip an earlier consultation.
The Supreme Court annulled the whole decree and ordered the Spanish state administration to pay €6,000 in legal costs. It says there is no point ruling again on a law that has already been struck down.
What the rules would have required
Universities would have needed at least 4,500 students and proof of sufficient funding. The decree also required them to put 5% of their budgets towards research and provide accommodation places for 10% of students within three years of opening.
Among those who challenged it were four universities that objected to a six-month deadline for foreign institutions to set up the required internal quality systems and apply for certification. Those objections will not receive a separate ruling now that the entire decree is void.
Topics: Court cases · Education
Source: Europa Press / Mallorca.com