The Superior Administrative Court (TSA) declared inadmissible the “extreme urgency” protection action filed by the Dominican Association of Teachers (ADP)in which it requested to cancel the agreement signed by the Ministry of Education with the Organization of Ibero-American States for Education, Science and Culture (OEI), for collaboration in the 2024-2025 teacher evaluation process.
The Second Chamber of the TSA, made up of judges Antonio Sánchez Mejía, Úrsula Carrasco Márquez and María Guillermina Calderón Abreu, rejected the appeal because there was another judicial avenue that allows obtaining the protection of the fundamental right invoked, in accordance with the provisions of article 70, paragraph 1 of the Organic Law of the Constitutional Court and Constitutional Procedures, such as administrative litigation.
This demand evoked the protection of the right to education of children and adolescents who could be affected as a result of the evaluation of teachers.
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The magistrates invoked the criteria of the Constitutional Court in the ruling TC/0123/13 in which it establishes that the protection of individual rights such as education, which are first and second generation rights, can only be pursued by their holder.
The ADP requested the suspension of the allegedly illegal contracts between the Ministry of Education and the Organization of Ibero-American States for Education, Science and Culture (OEI), against the Ministry of Education and its head Ángel Hernández.
The extremely urgent amparo action was filed on the 15th of this month, before the In-person Service Center of the Court of Appeal of the National District, of which the Second Chamber was empowered by order number 03838-2024, issued by the Presidency of the Court Administrative Superior on the 17th of the month through order number 15847-2024 of the 22nd of the aforementioned month.
