The Most High canceles Euskadi’s transfer of the homologation of foreign titles

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The TS concludes that if for the Constitutional the verification of the conditions of the expedition of professional titles related to university education must be the competence of the state, “for the same reasons, it must be consisting of verifying the origin of approval.”

He Supreme Court Ha cancelled In its entirety the Royal decree for which they are transferred Euskadi Functions and Services Homologation and explanation of equivalence of Titles obtained Within the framework of higher education systems foreigners To an official Spanish university degree.

In two sentences, the fourth part of the Supreme Administrative Contentious Chamber concludes that if for the constitutional court the administrative activity of verification of the expedition of professional titles related to university education, must be an exclusive competence of the state, for the same reasons … It must be consistent to obtain “.

The moment the Supreme Court has determined the precautionary suspension of the transfer to Euskadi of the functions for the approval of foreign titles in July 2024, the Basque government claimed that it was a competition that was considered in the statute and legally adopted by Basque institutions.

The court will be increased whether the agreement collected by the disputed Royal Decree is an extension of functions and services in the field of CAV or if it is an extra-state transfer, contrary to the Constitution, of a competence that it is lacking.

To solve it, go to the doctrine of the Constitutional court (in the punishment summoned in the trial with regard to the appeals of lawyer and lawyer) on state competence with regard to the issue of titles that It emphasizes that they match the state, not only the regulation, but also executive aspects, Just like that related to the verification of the demand for the necessary training to obtain them.

He adds that “there are no reasons for understanding that it is not a state, in accordance with Article 149.1 of the Constitution, the administrative competence of the verification of the courses that lead to the titles that make possible for the exercise of the professions of lawyer and lawyer and it is not to verify the origin of the homologists from foreign university stitels that.

This means, as noted, that the competition is even executive, of the state. That is why he points out that “there are no transfer of functions and services to the autonomous communities in the conditions in which it was carried out by Royal Decree 366/2024 and the agreement it contains.”

Source: EITB

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