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Monday 24.04.2017 | Name days: Nameda, Visvaldis, Ritvaldis
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Supreme Court satisfies Revalde’s appeal

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Baltic news, News from Latvia, BNN.LV, BNN-NEWS.COM, BNN-NEWS.RUSupreme Court of Latvia has satisfied the appeal submitted by Gita Revalde in relation to the Administrative Court’s refusal to accept her plea on the decision to dismiss her from the post of rector of Ventspils University College. The Supreme Court has ordered the Administrative District Court to view the case again.

Revalde turned to court, asking to declare the ruling of Ventspils University College’s Constitutional Council to dismiss her from her post on 25 May. The judge of the Administrative District Court refused her plea, explaining that the Constitutional Council’s decision was not administrative but rather a political decision that had no legal justification behind it.

It is mentioned in the ruling of the Supreme Court that the judge of the Administrative District Court had not considered whether or not members of the Constitutional Council may had considered compliance of their decision with regulations detailed in the Constitution of the Republic of Latvia and regulations of the Higher Education Law, Revalde told BNN.

It is also mentioned in the ruling of the Supreme Court that, in accordance with Part 1 of Section 1 of the Law on Higher Education Institutions, a rector is the highest ranking official of a higher education institution that carries out overall administrative management. The fact that rectors are elected, it provides certain political character to the situation. Nevertheless, it is not a typical political post. The college’s autonomy in terms of administration differs from that of a municipal administration. The autonomy of higher education institutions is also reflected in the process of a rector’s dismissal when compared with the dismissal of a head of a municipal government. While a head of a city council is elected by members of the council without any formal justification and can be dismissed at any moment based purely on political factors, this logic cannot be applied to the dismissal of a rector. This is because this post is not purely political. With that, the Constitutional Council has to justify its decision.

The Supreme Court has concluded that it is the duty of the Constitutional Council to justify the dismissal of the college’s rector, because, according to guidelines of the Constitution, decisions of any authority are not allowed to be arbitrary. When viewing the decision of the Constitutional Council to dismiss the rector, the court had to check whether or not the decision was arbitrary.

The Supreme Court states that, unlike a political decision the decision, the decision of the Constitutional Council to dismiss the rector should be viewed as an administrative act by the administrative court, said Revalde.

The ruling of the Supreme Court is not subject to appeal.

Ref: 102.109.109.5782


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