The Administrative Contentious Court number 8 of the Superior Court of Justice of Valencia has annulled the Agreement of the University of Valencia (UV) of “Commitment to Palestine”, in which it promised not to sign agreements or promote scientific activity with Israeli universities, considering it “discriminatory”.
In the sentence, to which EFE has had access, the administrative contentious appeal filed by the Action and Communication Association on the Middle East (PAIR) is estimated against the pronouncement of the UV Governing Council of 2024 for which it broke relations with Israeli universities.
In that May 2024 agreement, the UV promised not to sign any agreement or collaboration agreement with Israeli institutions, universities and research centers and to avoid the exploitation of scientific infrastructure by the investigating personnel of these institutions, as well as suspend both incoming and outgoing rooms.
It also agreed to claim in the European Union that does not allow Israeli access to the financing of R&D of European programs. “In view of the aforementioned commitment, it is necessary to conclude that it is contrary to the constitutional prohibition of discrimination (art. 14 CE),” says the ruling.
It also recalls that according to the integral law for equal treatment and non -discrimination, applicable to public universities and the specific field of teaching “expressly states that no one can be discriminated against by birth, racial or ethnic origin, sex, religion, conviction or opinion in the educational field.”
It considers that the contested agreement “introduces a measure of discrimination aimed exclusively at Israeli universities for its mere condition of holding such nationality, introducing an inequality of treatment that lacks justification and amparo, since it is adopted within the framework of an action of obvious political nuance that affects one of the traditional assumptions of discrimination (nationality).”
He also quotes that “of the Consell of the Generalitat, by which the statutes of the University of Valencia are approved, invoke respect for pluralism, constitutional values, the promotion of dialogue, of peace respect for cultural diversity, without their ends being mediated by social, political and religious powers.”
“In any case, the boycott measure is conditioned to an uncertain, indefinite and subjective fact, since the parameters that would determine the non -application of discrimination are not established, nor the way to enforce them, the disposition of the measure is totally arbitrary,” he says and adds: “There is no legal or jurisdictional measure, both in the national and international level, which justifies the referee.
The sentence includes that the defendant alleges that “he has exercised his powers within the framework that is his own, and the declaration in favor of the peace in Gaza, the object of this appeal, is fully registered in his legitimate right to contribute to the social debate.”
“The University of Valencia, in the exercise of the autonomy recognized by the Spanish Constitution, agreed, through its body, of government a pronouncement in favor of peace and dialogue and that included measures to review and suspend the collaboration agreements with certain universities and research centers, while the rights of the Palestinian population will not be respected,” he adds, according to the ruling.
The EFE agency has contacted the University of Valencia to know its assessment and has indicated that they are studying the sentence and that during this week they will inform about it “when it has been subject to review for its appeal for our legal services.”
