The Ministry of Education, Science, and Innovation has expressed hope that the University of Trás-os-Montes and Alto Douro (UTAD) will swiftly overcome its significant institutional crisis. This expectation follows the ministry’s exceptional intervention, which included appointing an interim rector and forming an electoral commission to organize and call for the election of the General Council, as stated by a ministry official.
This response was issued following a request for comment on the decision by the Mirandela Administrative and Fiscal Court to dismiss the injunction filed against the Education Minister’s decision to appoint an electoral commission to convene elections for UTAD’s General Council.
“Restoring institutional normalcy is crucial for UTAD to fully accomplish its mission within the autonomous framework that characterizes Higher Education Institutions,” added the ministry led by Fernando Alexandre.
Nine members of the General Council sought to suspend the Education Minister’s directive on October 20, which ordered the formation of an electoral commission to organize and call for elections for this body, responsible for electing the rector.
The departure of the previous rector, Emídio Gomes, at the end of September, exacerbated the institutional crisis at UTAD, which has persisted since March due to a deadlock in forming the General Council.
According to the ruling accessed today, the Mirandela Administrative and Fiscal Court ruled to dismiss the injunction. “Given the aforementioned grounds, the initial request is rejected due to error in the form of process, which cannot be rectified due to untimeliness for the appropriate procedural method,” concluded the judgment, dated Friday.
The case involved nine plaintiffs against the Ministry of Education, with UTAD, the other nine General Council members, and seven proposed coopted members of the university’s council listed as counter-interested parties.
On October 6, the Minister of Education appointed Jorge Ventura as interim rector of the institution to ensure continued university governance until institutional normalcy is restored.
From that date, the ministry asserted that the General Council had eight days to initiate the procedure for electing a new rector. This did not occur, and on October 20, the Electoral Commission was appointed.
This intervention, according to the ministry, is provided for in the Legal Regime of Higher Education Institutions (RJIES) in cases of severe institutional crisis that cannot be resolved autonomously.
The ministry further clarified that the Electoral Commission cannot engage in routine management or interfere with the cultural, scientific, and pedagogical autonomy of UTAD, and its functions cease upon the inauguration of the new General Council.
The incomplete composition of the General Council stems from a March dispute over the voting method for coopted members, conducted openly with a tiebreaker vote by the interim president of the body, which was contested in court.
In a September ruling, the Northern Central Administrative Court rejected the adopted voting method and ordered the reopening of the cooptation procedure through a secret ballot and majority decision by elected councilors, in accordance with the General Council’s internal regulations.
Meanwhile, the seven proposed coopted members have appealed the Northern Administrative Court’s decision to the Supreme Administrative Court, acting as counter-interested parties.
