The Instruction of Disciplinary Procedures that Had Been Examined Previously by the Courts

Abstract

The instruction of disciplinary procedures against employees under the authority of the Educational administration is one of the duties of education inspectors. In certain cases, a judicial decision may be necessary because of the nature of the facts under investigation. To some extent, this decision is binding on the Administration but it does not bring the disciplinary proceedings to an end. This article aims to provide a guide for the instruction of this type of disciplinary proceedings: those which involve a judicial decision, or those which have gone through judicial proceedings without a final resolution. Reference will be made to the different milestones that usually prove problematic, and how to respond to them. The legal framework used in the article is the one currently applicable in Andalusia. Nevertheless, an effort has been made to include the necessary clarifications so that this discussion may also be useful in other Autonomous Communities.