Supreme Constitutional Court rules against Ministry of Education regarding private practice

The Supreme Constitutional Court has rejected an appeal filed by the Ministry of Education, upholding a lower court's decision to annul the denial of a teacher's request for part-time private practice. The case began in 2016 when a specialized speech therapist requested permission to provide three private weekly sessions in dysphagia therapy for individuals with severe disabilities. The Ministry had rejected the request based on an internal circular and a vague claim of incompatibility with her official duties. The teacher successfully challenged this rejection in the Administrative Court, prompting the Ministry's appeal. The Supreme Constitutional Court ruled that the administration's decision was inadequately justified and lacked a substantial investigation into whether the private work actually affected her official duties. The court clarified that internal circulars cannot override the law or be applied as absolute rules when the law allows for exceptions. Furthermore, the court noted that the 'incompatibility' cited by the Ministry was undocumented and generic. The case confirms that public authorities must conduct a proper assessment of legal criteria rather than relying solely on administrative guidelines.