Relevant Cases

 Rights before 

Fundamental rights before the Constitutional Court: The CEUSA Case I

The Ministry of Education stipulated the termination of the Educational concerted action for Centro de Estudios Universal, CEUSA, and, ignoring their judicial suspension for execution, immediately started moving the students to a different public center; which resulted in the downfall of the company and the loss of the jobs of thirty teachers, causing severe damages. The Judgments by the National High Court and the Supreme Court resolving the appeals declared this sanction as being unconstitutional, but failed to recognize the damages already incurred.

Given this non-effective judicial protection, we filed an individual appeal for protection before the Constitutional Court, demonstrating the violation of fundamental rights and the realization of irrecoverable damages already proved during the proceedings. The 214/1999 Constitutional Court Judgment recognized the violation of fundamental rights by the Government and courts (violation of fundamental rights to effective judicial protection, of the guarantees of punitive law and to the freedom of education) and that they in possibility of restitution of its activities and to the holders, the exercise of said fundamental rights, required compensation both for the owners of that center and for the teachers for their lost jobs.