{"id":15363,"date":"2024-07-02T09:25:43","date_gmt":"2024-07-02T09:25:43","guid":{"rendered":"https:\/\/www.cicae.com\/the-supreme-court-establishes-jurisprudence-on-the-standing-of-cicae-to-defend-the-interests-of-the-private-education-sector-not-subsidized\/"},"modified":"2025-11-11T16:46:44","modified_gmt":"2025-11-11T16:46:44","slug":"the-supreme-court-establishes-jurisprudence-on-the-standing-of-cicae-to-defend-the-interests-of-the-private-education-sector-not-subsidized","status":"publish","type":"post","link":"https:\/\/www.cicae.com\/en\/the-supreme-court-establishes-jurisprudence-on-the-standing-of-cicae-to-defend-the-interests-of-the-private-education-sector-not-subsidized\/","title":{"rendered":"The Supreme Court establishes jurisprudence on the standing of CICAE to defend the interests of the private education sector not subsidized."},"content":{"rendered":"\n<ul class=\"wp-block-list\">\n<li>CICAE appealed for the second time in cassation before the Supreme Court against a new judgment of the High Court of Justice of Madrid, which rejected in the first instance its standing to appeal in this case the authorizations to the Madrid charter schools to collect fees for complementary activities.  <\/li>\n<\/ul>\n\n<ul class=\"wp-block-list\">\n<li>The Supreme Court considers in this ruling that the association has a &#8220;legitimate interest&#8221; and of a &#8220;competitive nature&#8221; that gives it standing to defend itself against resolutions of the Madrid Administration that entail harm to its members, all of whom are private, non-subsidized schools. In doing so, the Court reiterates its doctrine already affirmed in a previous ruling, and thus establishes jurisprudence. <\/li>\n<\/ul>\n\n<p><strong>Madrid &#8211; July 2, 2024<\/strong>. <strong>The Supreme Court recognizes, for the second time, thus establishing jurisprudence, the legitimacy of CICAE<\/strong>, Association of Independent Private Schools, to defend its associated centers, stressing that the association has as one of its purposes the defense of the identity of independent private education and the economic and professional interests of its members before any body.  <\/p>\n\n<p>CICAE appealed in contentious-administrative proceedings against a Resolution of the Community of Madrid that authorized the prices of the complementary activities of a subsidized center. Said act was issued in application of the Instructions regarding the prices for complementary activities and allocation of fees for school services and extracurricular activities for the 2019-2020 academic year, which were also challenged by CICAE.   <\/p>\n\n<p>The Superior Court of Justice of Madrid dismissed the appeal for lack of standing of the Association.  <\/p>\n\n<p>CICAE argued in its appeal to the Supreme Court that its interest in the matter was very real and in line with its statutory purposes because &#8220;if the supposedly for-profit education loses its nature, and adds to its public funding the profit obtained from the collection of uncontrolled fees, the result is an illegitimate competitive advantage over non-subsidized private centers&#8221;.<\/p>\n\n<p>The <strong>judgment of the Supreme Court<\/strong>, handed down on June 10, 2009, <strong>upheld the appeal, recognizing the standing of CICAE<\/strong>, and therefore annulled the contested judgment and, as regards the merits of the case, ordered the proceedings to be reinstated so that the High Court of Justice of Madrid could issue the appropriate judgment.<\/p>\n\n<p>The Supreme Court <strong>accepts the existence of a competitive interest<\/strong> and states the error of the High Court of Justice of Madrid for having rejected the appeal filed by CICAE. For the second time, it <strong>recognizes the association as an entity with legal legitimacy to defend the independent private education sector<\/strong> against irregularities between the Madrid administration and the subsidized education sector.   <\/p>\n\n<p>For Jos\u00e9 Manuel Sala, Professor of Administrative Law and lawyer of the law firm DLA PIPER, who has acted as counsel for the Association, &#8220;CICAE is not opposed to the system of concerts, but advocates compliance with current legislation, which recognizes the right to free education supported by public funds, especially with regard to complementary school activities and services that must meet the requirements of being voluntary, not discriminatory to students, not be part of school hours and not for profit.  <\/p>\n\n<p><strong>The request for control and transparency  <\/strong><\/p>\n\n<p>According to Elena Cid, general director of CICAE, &#8220;this second ruling of the Supreme Court recognizing the standing of CICAE<strong> establishes jurisprudence and is an incentive for the organization to continue defending its sector against scenarios that generate unfair competition and are a direct detriment to independent private schools<\/strong>. CICAE will continue to denounce the double financing of part of the charter schools, through public funds and compulsory fees demanded from families for education in compulsory stages&#8221;. <\/p>\n\n<p>The association has been asking the Administration for years for greater control, to ensure transparency and compliance with the law in publicly funded centers. For this reason, it demanded that the Administration should be in charge of expressly authorizing the prices of complementary activities in subsidized centers. <\/p>\n\n<p>Elena Cid points out that this ruling &#8220;<strong>gives us the possibility that, from now on, CICAE can present itself as an interested party in the authorization process that the education departments make annually to charter schools<\/strong>, which is one of the flaws of the system, where the lack of control of these high prices begins&#8221;.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madrid &#8211; July 2, 2024. The Supreme Court recognizes, for the second time, thus establishing jurisprudence, the legitimacy of CICAE, Association of Independent Private Schools, to defend its associated centers, stressing that the association has as one of its purposes the defense of the identity of independent private education and the economic and professional interests [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":10646,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[1],"tags":[],"class_list":["post-15363","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-sin-categorizar"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/posts\/15363","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/comments?post=15363"}],"version-history":[{"count":1,"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/posts\/15363\/revisions"}],"predecessor-version":[{"id":15364,"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/posts\/15363\/revisions\/15364"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/media\/10646"}],"wp:attachment":[{"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/media?parent=15363"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/categories?post=15363"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cicae.com\/en\/wp-json\/wp\/v2\/tags?post=15363"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}