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The Supreme Court overturns a first instance decision that it ruled as an illegal process of academic promotion at the University. Of Cyprus

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The Supreme Court overturns a first instance decision that it ruled as an illegal process of academic promotion at the University. Of Cyprus

The University of Cyprus was acquitted by the Supreme Court, which overturned a first instance decision that ruled that the University's decision not to promote an academic to the rank of Associate Professor was illegal, which led to the termination of her employment.

The Supreme recently ruled that the process for the development of this academic was in accordance with the University regulations.

The Administrative Court ruled in July 2019 that the decision of the University of Cyprus not to promote academics was illegal. She herself had appealed this decision arguing the participation of her colleague from the same Department, with a negative vote in the first process (First Crisis) of its development, and in the subsequent Second Crisis in the new Special Committee, a fact which, as she claimed, led in violation of the principle of impartiality.

Her appeal also referred to prejudice on the part of members of the University, who participated in the bodies of the disputed decision. He referred to a suffering formation of the Electoral College, due to the participation of the same professor and the Rector, who on the day of the appearance of the applicant before the Special Committee had filed a complaint against her for a disciplinary offense, as well as lack of reasoning for disputed decisions. other sub-issues.

The academic was hired in 1996 as a Lecturer at the Department of Social and Political Sciences of the University and about 10 years later was promoted to the position of Assistant Professor. In April 2011, the University Senate appointed a five-member Special Evaluation Committee in order to examine its eligibility for the position of Associate Professor (Crisis AD) and voted, in a vote, its promotion, but the University Senate decided not to ratify this decision and in February 2015 the University Council ratified the decision of the Senate.

Seven years later, the procedure provided for in the regulations of the University of Cyprus for the evaluation of the academic for promotion was activated for the second time, but this time the Special Committee decided not to promote it, which led to the termination of its employment, since according to the regulations , in case of a second failure for promotion to the rank of Associate Professor, his employment is terminated, according to the decision of the Court.

The Supreme Court pointed out that the issue would be as different as the outcome if the act was considered under the principles of violation of subjective impartiality and not impartiality.

He accepted the fact that both the regulations and the relevant Law as in force at the time did not include any provision that would impose the non-participation of a member of the first Committee, during the AD Crisis in the second special Committee during the B. Crisis. It also found the first-instance judgment to be erroneous that the subsequent participation of the professor in the meeting of the Electoral College as a member of the College who ratified the opinion of the jury made the administrative act ill. This finding, he said, contradicts a relevant article of the University's regulations since the decision of the Electoral College is taken by a vote in which “the members of the academic staff of the department and the Council of the relevant School of the highest levels” take part. It follows that the teacher's participation was legal, based precisely on the above article, he added.

The Court also referred the applicant's objection to the Administrative Court for consideration because it concerns issues which have been raised as grounds for annulment and have not been examined, as a result of the annulment of the decision of the Administrative Court.


Source: politis.com.cy

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