The TS temporarily suspends the transfer to the CAV of the approval of foreign higher degrees

The controversial administrative chamber of the Supreme Court has provisionally suspended the validity of Royal Decree 366/2024 of 9 April, which transfers to the Autonomous Community of the Basque Country functions and services in the field of homologation and equivalence certification. obtained within the framework of foreign higher education systems to an official Spanish university degree.

The conservatory measure responds to the request of several professional associations, while the appeals against the Royal Decree that they have filed are being dealt with by the court.

In its arguments, the Supreme Court explains that “there must be no obstacle to hearing the appeals in their entirety and to taking a decision on the merits” within the current year. If the judgment that is finally delivered is rejected, “it will therefore be the case that the exercise of the transferred functions has not been unreasonably hampered and, if they are upheld, this will not have given rise to the adoption of decisions that should not be in accordance with the Autonomous Community.”

In this sense, they point out that the lawyers of the Basque Government, who were involved in the procedure and opposed the precautionary measure, “have demonstrated the very limited impact” that the suspension would have, since, they assure, “no resolutions will have been taken” within ten months, at least because, among other things, the necessary organizational and functional measures have not been taken. The Supreme Court’s order emphasizes in this regard that “before that moment is reached, we will have already pronounced a judgment”.