The Superior Court of Justice of the Valencian Community (TSJ-CV) had to order the Mazón Government to comply with the judicial resolution that forces the Valencian Executive to hire almost 1,900 teachers, thus consummating the staff agreement with the unions that it had prepared. in the previous Pacte del Botànic team in the Department of Education. The order of the second section of the Administrative Litigation Chamber of the TSJ-CV, to which elDiario.es has had access, warned that its previous resolution, which flatly endorsed the template agreement ratified by the Consell, was not “ completely executed.”
Thus, the autonomous high court ordered the Department of Education, headed by the popular José Antonio Rovira, to “deploy [de] the necessary actions for the earliest fulfillment of what was agreed” in its previous order. That is, it will carry out the hiring of almost 1,900 teachers. What’s more, the TSJ-CV asked the Department of Education to identify, within a period of five days, the “authorities, officials or agents” responsible for “carrying out what was agreed.”
The order, notified on January 15, also expressed the “express warning” that “if the matter is not reported” the general director of Teaching Personnel, Francisco Pablo Ortega Gil, would be considered responsible.
The forceful resolution, in its section on legal reasoning, stated that the Department of Education had not complied with the decision of the TSJ-CV even halfway. It was only agreed to expand the workforce in four newly created centers. In the rest of the centers, the vast majority, the order that ordered compliance with the template agreement “cannot be understood as complied with,” the resolution added.
The Department of Education hid behind “certain imbalances” between teachers and students, which “expressly recognizes that the order of the autonomous high court that ordered Minister Rovira to execute the agreement was not completed.” In addition, the TSJ-CV also considered that the drafting of a new staff order, after negotiation with the unions, which should come into force next academic year 2025-2026, is a “matter unrelated to the order that must be complied with.” .
And the agreement of the sectoral education table that was closed with the unions by the previous Government of the Pacte del Botànic, ratified by the Consell, has a temporary scope, “at the current stage, which does not extend over that course.”
Even so, the regional department headed by José Antonio Rovira has not applied the agreement (not even after the catastrophic DANA that has affected educational centers in several regions). With this panorama, the Compromís deputy Gerard Fullana has filed a complaint this Thursday with the Prosecutor’s Office against Minister Rovira for the alleged crimes of prevarication and disobedience after repeated non-compliance with the final ruling of the TSJ-CV.
“We cannot invent money”
Minister José Antonio Rovira indicated this Thursday in statements to the media in Castellón that the Ministry will comply with the Template Agreement “depending on budgetary availability.” “We cannot invent money,” he said, while insisting that it is an agreement signed by the Botànic in office and “without any type of economic memory.”
“We fulfilled it the first year because it basically consisted of improving and increasing the number of places, but this second part of the agreement is not for greater provision for the students, but rather goes towards paths such as co-teaching, so this Department is not OK; the reduction of hours in the management teams and another series of issues that we understand were not necessary,” he added.
A long court battle
On May 24 of last year, just 24 hours after the first major mobilization of the legislature against the policies of Carlos Mazón’s Government (the general strike of the educational community against the measures adopted by Rovira), the Department of Education communicated the denunciation of the staff agreement signed by the acting Consell del Botànic in June 2023. This decision meant giving up the hiring of thousands of teachers.
However, the TSJ-CV provisionally suspended the complaint by the Generalitat Valenciana of the agreements signed with the unions in a ruling that forced the Ministry of Education to hire 1,898 teachers to comply with the template agreements.
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