He Educational Forum filed an unconstitutional lawsuit against the university counter reform law. Cesar Azabachewho filed the lawsuit on behalf of this entity, explains what it consists of.
What is this claim of unconstitutionality?
In December of last year, 33 congressmen, 30 of whom had approved a law to disarm the reform process, asked the Constitutional Court for a pronouncement and it declared that compared to the Constitution there was literally no incompatibility. This time, 9 thousand 853 citizens present a demand to the Constitutional Court to review this issue again, but not comparing the literal text of the law of Congress (the law that modifies the structure of the Sunedu council) with the literal text of the Constitution, but reading it in perspective to the sentence of July 2010 issued by the TC.
What was the TC established in 2010?
The judgment of July 2010, which is still valid in all its content, declares that the supervision of higher education must be in charge of an impartial entity whose conformation does not admit any incidence of the universities that must be controlled. The ruling says that the members of that entity, which is now called Sunedu, must be independent, impartial, unrelated to university authorities and elected on merit. If the law of Congress is sustained and ignores the sentence of the TC of 2010, what will happen is that the foundation of the reform will fall. If the Court decides not to admit this discussion because it is enough with what it said last December, what will come will be new demands by various means so that the 2010 sentence is respected.
How long could the claim be resolved?
We hope that the Court can see the case as quickly as it handled the demand of 33 congressmen. I imagine this should take a month. Each act that modifies the composition of the Sunedu council or that becomes an obstacle to maintain the reform policies that were established in July 2010, will be sued separately. I understand that the nomination of 4 out of 7 council members will also be discussed in court. The first objective is that the TC be amended as well.