Free Forum | About the Pre-TSJ Raid at UA Medicine, by Robin Martinez

I write these lines in a personal capacity as a result of the legal surprise caused by the various news that I have read with concern. In recent days, the judicial matter awaiting a ruling from the Supreme Court of Justice of the Valencian Community regarding the implementation of the medical degree at the University of Alicante has taken all the headlines in the regional newspapers after the Council took a surprising and surprising decision that it accepted the court case.

Legally, the Council’s position cannot continue, especially since its general reasons focused on saying, at the beginning, that the raid came so that the general jurisdiction would take a neutral position in the case. This circumstance cannot happen for two reasons, the first of which is that:At the request of the Miguel Hernández University, it was filed against an administrative law issued by the General Council of the State. (Thank God the University of Alicante has apparently decided in recent days to appear in the lawsuit in defence of its own interests, its students and the province) to which the autonomous institution itself now submits. The second reason is because A raid can never be understood legally as a sign of neutrality, quite the opposite, it is a sign of bias, approval and consent to the position of the other party, in this case, the USSR.. You don’t need to be a legal expert to understand it. The Royal Spanish Academy defines trespass in its second and third meanings, related to the law, as follows: “the act of complying with a request or decision”, and “the procedural act of the defendant by which he accepts the claims made against him in a lawsuit.” And this is precisely what the State General did, and at a delicate procedural moment, because the fundamental reasons presented by the UMH had no legal consistency and the judgment was due to be adopted soon, and in my opinion, becauseOr that the intention is to seek a ruling in favor of the UMH’s interests for a purely formal issue, namely the raid issue, which is absolutely unacceptable and irresponsible from a legal, political and economic standpoint.

I based my previous opinion on the following argument. The judicial issue was already the subject of analysis at the time of the presentation of the controversial administrative claim by the UMH since the precautionary suspension was requested, and the procedure was not accepted, which prompted the University of Alicante (and also the General Government) to launch the Medical Degree that had just completed its first academic year with absolute success for all parties, but especially for students, and with a great demand for new access, which shows the success of this degree and the need for it in our province (according to several studies at the bottom in the ratio of doctors and number of university places per population). Well, for the suspension of the start of medical studies at the University of Arizona to be successful, the Supreme Court of Justice had to evaluate mainly two issues: The clear absence of defects of invalidity and damages that are impossible or difficult to repair for UMHNone of this was appreciated, and it was temporarily resolved in favor of the UA and thus in favor of the implementation of medical studies, with the important and subsequent economic investment made and the collective effort of the institution and the enrolled students to establish and standardize the degree, as we saw with the data of the first cycle and pre-registrations.

Of particular concern in this regard is the report issued by the State Attorney’s Office. toLecante Plaza, From the six hypothetical reasons given, None of them are subject to invalidity (at least as provided for in Article 47 of Law 39/2015 on joint administrative procedures).). It seems that the reasons mentioned in the aforementioned report It cannot be void defects because all previous administrative processes are flawless (with positive reports from ANECA, CRUE and all necessary bodies, without UMH mentioning anything) And also because simply Administrative Law of the UA Medical Degree Approval Board This means that if any of the alleged defects are present, Decision of the Council, or, where applicable, the President of the State, the bodies with the highest administrative hierarchy in the Valencian Community with respect to the lower-level bodies mentioned in the report.

In short, until the proposed inter-university health campus proposed by the President of the State becomes a credible and desirable reality for both universities, I think the most logical thing is for the State not to finally give in, for UMH to withdraw the inter-university health campus from the administrative dispute, and for the UA medical degree to continue its course with the emergence of the good law that I have reflected in these lines until the idea of ​​an inter-university health campus crystallizes. Everything else that UMH and the public government are demanding will only lead to damages, so we hope that the Supreme Court of Justice will rule on the merits of the case and settle it. Question in favor of maintaining a medical degree at UA.

Ruben Martinez Gutierrez He isProfessor of Administrative Law at the University University of Alicante