The Fourth Section of the Contentious-Administrative Chamber of the High Court of Justice of the Valencian Community (TSJCV) has dismissed the precautionary measure requested by unions to suspend the minimum services established by the Ministry of Education. This decision pertains to the indefinite strike called in the educational system, which saw a significant demonstration in central València.
The magistrates rejected the urgent precautionary measures filed by the CSIF and CCOO unions. These organizations challenged the Generalitat's resolution which, among other points, required second-year Baccalaureate teachers to fulfill their full teaching hours as a minimum service.
“"It is inherent to strikes in public services that users of those services face inconveniences, distortions, and relative uncertainties. This is where the workers' leverage and their negotiation capacity with the employer lie. However, the right to strike encounters a primary limit when confronted with other fundamental rights, such as the right to education."
The court did not delve into the merits of the case, as this requires a deeper analysis and is the subject of the main appeal. Nevertheless, it rejected the precautionary measures, finding no "evident lack of motivation" nor a "notorious and evident lack of proportionality in the established services" in the challenged resolution.
The Chamber emphasized the "obvious general interest in the functioning of the public educational service" and the fundamental right to education, enshrined in Article 27 of the Spanish Constitution. This right aims for the full development of human personality, respecting democratic principles of coexistence and fundamental rights and freedoms.
Special emphasis was placed on the rights and interests of second-year Baccalaureate students, who will soon face the EBAU (University Access Baccalaureate Evaluation) exam. This exam is considered "a very significant milestone in their academic lives and also in their respective professional futures." The court noted "a relevant general interest in all these students facing this exam without further incidents, uncertainties, or anxieties than those inherent to the test."
