The Government of the Community of Madrid, chaired by Isabel Díaz Ayuso, has presented a contentious-administrative appeal before the Supreme Court against the modification of the Royal Decree of creation and recognition of the universities of the central Government, believing that this regulation is “arbitrary”, was prepared “without consent” and violates the autonomous powers in educational matters. The decree was approved in 2021 and was tightened this year. Spain has 50 public and 46 private universities. There will be a surprise soon.
The Government Council of Madrid expects to receive this Wednesday a report on the legal actions taken by the General Councilor of the Region against this regulation which, according to the Community of Madrid, “unjustifiably limits the freedom of enterprise and the creation of educational centers recognized by the Spanish Constitution”.
For the regional executive, the royal decree goes against legal certainty and exceeds the framework of fundamental legislation that constitutionally belongs to the State, leaving “very little space” for communities to regulate themselves. Madrid will soon approve its fifteenth private university, IE University.
Madrid argues in its appeal that Article 27 of the Magna Carta recognizes the ability of autonomous communities to develop and apply educational laws at all levels and modalities, while the State must only establish the basic standards.
The community believes that the central government imposes a minimum requirement of 4,500 students for new university centers, which “in no case responds to the alleged interest in increasing the quality of Spanish universities”. They must also have three doctoral schools, invest 5% of the budget in research, obtain 2% of the funds in competitive competitions or have a qualified staff (50% of professors have a doctorate). In addition to the report from the ministry’s technicians to start a university, a new mandatory and binding one is added which will be drawn up by the evaluation agency ANECA or by the corresponding agencies in the autonomies and the promoters will have to demonstrate their financial solvency.
The Regional Executive specifies that the procedure for the establishment of new universities and university centers in the Community of Madrid provides for “very rigorous controls that guarantee the excellence of the approved projects”.
Furthermore, he assures, the new Law on Higher Education, University and Science (LESUC) on which the Ministry of Education is working will incorporate improvements to these procedures, always within the framework of regional competences.
Pedro Sánchez, announcing the tightening of the decree last March, was very harsh against academic enterprises without quality. He spoke of “academies” that are not universities, but rather “beach bars” that award diplomas sponsored by regional governments that have chosen to “stifle” public ones.
