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Sunedu: What does the unconstitutionality lawsuit filed by TC against law 31520 raise?

Sunedu is facing a process of change after installing a new way to elect the organization’s board of directors. | Fountain: Andean

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The NGO Foro Educativo presented on Monday before Constitutional Court (CC) A action for unconstitutionality against Law 31520, a call against university reform that changes the composition and functions of the National Authority for Higher University Education (Sunedu), supported by a ruling by the country’s highest body for constitutional interpretation.

The initiative, which includes the signatures of 9,853 citizens, requires a new hearing in CT to discuss the connection of the aforementioned law “with the guidelines set” by the court itself in 2010 regarding the necessary reforms of higher university education in the country.

Former anti-corruption prosecutor Caesar Azabachea lawyer supporting the Education Forum initiative explained in News extension from PTR sentence CT 2010, the content of which raises the main argument of the lawsuit about the unconstitutionality of Law 31520.

TC decision from 2010

First, the lawyer pointed out that the organic law constitutional Court “This allows claims to be resubmitted on issues that the court has already resolved” if they contain a different approach or unaccounted for references to other decisions.

In this regard, he noted that members CT they limited themselves to making a “textual comparison of the law of the (university) counter-reform with the text of the Constitution” and conclude from this that the Magna Carta does not contradict or prohibit the approved new law (31520).

However, Azabache pointed out that CT “I forgot that there is a verdict passed in June 2010. […] (which) directs the state in all its manifestations, legislative, judicial (judicial) and government, to develop a policy of reform.”

“Educational reform is not the creation of a government, it is the execution of a sentence […] And nothing is said about the content and instructions of that proposal, the last one, dated December 2022 (TS). This is what the new lawsuit (presented by the Educational Forum) is based on,” Azabache said.

“We are discussing this now, paying attention to the content of this decision and its significance in terms of constitutional support for educational reform policies,” he added.

Higher education policy oversight

jet states that the 2010 verdict directed the state to “maintain a sound policy of oversight of higher education based on the principles of impartiality, and explicitly stated that oversight of higher education could only be carried out by a body configured without the representation or presence of observables.”

“Accurate, verbatim, no incidents from universities to follow: as a result of a positive process, those chosen will be Doctors of Law, but not appointed by universities and not directly appointed without procedures to ensure impartiality. The 2010 verdict is a verdict on impartiality in the formation Sunedu”, he stressed.

In addition, the lawyer confirmed that the 2010 verdict permanently obliges the public authorities not to violate the line envisaged for the supervision of university higher education in the determination of public policy. “The Constitutional Court did not see that in December 2022 it did not rule on this matter,” he said.

Azabache warned that the unconstitutionality lawsuit presented by the Education Forum is only “the start of what we think will be a battle in the courts” in favor of university reform. He pointed out that every decision made by Sunedu’s new board of directors against the reform, such as a decision aimed at supporting unlicensed universities, will be subject to new appeals in the courts.

Source: RPP

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