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 | 135

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