This Saturday, September 3, the TSJ declared inadmissible the contentious-administrative appeals for annulment against the “Onapre Instructions” introduced by six universities
«I just spoke with our Legal Consultancy. We have not been notified of any measure by the TSJ. We have not had access to the publicized ruling on our request for annulment of the Instructive-government Onapre, “reported this Sunday, September 4, Mario Bonucci Rossini, rector of the University of Los Andes.”
The Supreme Court of Justice (TSJ), through the Political-Administrative Chamber, in a presentation by Judge Malaquías Gil, declared inadmissible Two other contentious-administrative appeals for annulment and precautionary protection against what the plaintiffs called “Instructive Onapre (…) dated March 22, 2022 (…)”, says the document.
These correspond to two appeals filed by the University of the Andes (ULA), and the Central University of Venezuela (UCV), Universidad de Oriente (UDO), Antonio José de Sucre National Experimental University (Unexpo), and Libertador Experimental Pedagogical University ( UPEL) and University of Carabobo (UC).
What is the “Onapre Instructions”
The “instructions” of the National Budget Office (Onapre) is a rule created last March by this entity attached to the Ministry of Economy, which specifies criteria to apply the salary increase decreed by President Nicolás Maduro in the first quarter of 2022.
According to the NGO access to justice This violates at least six constitutional provisions, including the right to work, the principle of progressiveness of human rights, the legal reserve, the sufficiency of wages and freedom of association.
The measure has caused a series of constant and sustained demonstrations by public employees throughout the national territory, led by health and education workers. Until now, this pressure has made the Maduro administration go back on some of its initially raised points, among them, the payment of a vacation bonus for teachers in installments, which had to be changed and made partially.
* Read: Dismissal of the president of the Onapre does not satisfy the union demands
What the sentences say about Onapre
Judgments number 00446 and 00447, which declare the measures as “non-existent”, indicate that the acting parties (the universities) failed to comply with the extremes of the law, by not accompanying the libel with an original or a copy of the alleged “administrative act” as a fundamental document of any claim, among other deficiencies.
For the third consecutive time, in less than a month, the judicial entity indicates the “non-existence” of the Padjustment process of the public administration remuneration system, collective agreements, special tables and strategic companies, better known as «Instructive Onapre»; and which the rector of the ULA calls «instructive-government».
Last week, the Political-Administrative Chamber, in its judgment No. 444, declared “inadmissible” an appeal for annulment filed by 20 retired officials and pensioners of the Public Ministry (MP).
“Inadmissible” and fined
In addition, the new sentences entail a fine for the lawyers and rectors of the aforementioned universities and for each of the plaintiffs and their legal representatives with “fifty (50) times the official exchange rate of the currency with the highest value, established by the Central bank of Venezuela”.
The fines are for “generating discomfort in certain sectors of the community, creating social conflict and violating cardinal values and principles provided for in our constitutional order.”
Finally, Mario Bonucci Rossini, rector of the ULA, warned this Sunday, September 4, that “as soon as we have information about it, a face-to-face session of the University Council will be convened.”
“The university community can be sure that we will exercise, at the national and international level, the necessary legal resources, if our labor and constitutional rights have been violated,” said Bonucci Rossini.
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