A recent decision of the President of the Administrative Court is of interest for the promotions of academic staff, in which she annulled a decision of the University of Cyprus not to promote a member of the academic staff and terminate her employment, vindicating the applicant.
In a statement, the Law Office of SKORDIS & STEFANOU D.E.P.E., which handled the case on behalf of the applicant, states that the decision is considered important as it rules on the legality in relation to two decisive questions of procedure and substance.
According to the applicant's Law Office, the first, on the procedural issue, concerns the obligation of the Electoral College on the basis of an express legislative provision to submit to the Council of the University of Cyprus, not only its decision on advancement or not, as is the current practice, but also a documented report which includes the written observations/objections of the Academic Staff Member under review, as well as the responses of the Electoral College itself to them.
Furthermore, the Law Office states that the Administrative Court finds that the failure to submit a documented report is an error in the relevant regulatory provision and considers that it constitutes grounds for annulment of the contested decision, and notes that it is the Council, which according to the law "has the power and authority to make the necessary declaratory acts concerning the elections or promotions of the academic staff and to ratify their appointments and promotions".
Second, on the merits, the Administrative Court referred to the conditions provided by the University of Cyprus Law for advancement to the position of Associate Professor/Associate Professor, with particular reference to the documentation of "significant independent research work, notes that the requirement for a monograph is 'contrary to the letter of the Law', since it is mentioned in an indicative and disjunctive manner 'as proof of the requirement for the publication of work documenting significant independent research work'.
In its conclusion, the Law Office of SKORDIS & STEPHANOU D.E.P.E. states, does not make clear that "the requirements of the legislature can only be expanded by amending the law."
It also notes the absence of adequate reasoning from the rejection decision of the Electoral College and stresses the importance of adequate/sufficient reasoning to enable the Court to review the legality of the decision.
Source: KYPE
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