Recommendation No. 5/B/2016
Case Q-2363/15
Entity addressed: Minister of Education
Date: 2016.11.18
Subject: Teachers of English in elementary schools. Professional qualification. Duty
to approve the regulations necessary to enact legal rules
Status: Accepted. In 2017 the procedure to adopt the necessary regulations was
initiated
The law established that graduates with a master degree in English teaching, that have
not completed the period of supervised teaching of English in elementary school, can be
considered professionally qualified to teach this discipline and level of education, provided that they carry out complementary training. The rules applicable to this complementary training were to be defined by an ordinance of the member of the Government
responsible for the Education area.
In fact, the regulation that was issued (Ordinance No. 260-A/2014) contemplates
only a part of the situations provided for in the legal regime of qualification for teaching
that discipline. As a result, the teachers under the above mentioned conditions found
themselves prevented from teaching English in elementary schools.
The Ombudsman sustained that this omission, more than an offense to the principle
of legality, put at risk the fundamental freedom to pursue an occupation and the right
of access to public service, which was why the missing regulations should be promptly
adopted.
•
Recommendation No. 4/A/2016
Case Q-2095/16
Entity addressed: Secretary of State Assistant and of Education
Date: 2016.12.07
Subject: Delay in scheduling medical board appointments to ascertain prolonged
illness leaves of absence, by several services of the educational administration
Status: No conclusive response yet given. In January 2017, the addressee informed
that it had requested the legal opinion of the General Directorate for Administration
and Public Employment
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